LEGAL AID WESTERN AUSTRALIA

ANNUAL REPORT 2004-2005 STATEMENT OF The Hon Jim McGinty MLA COMPLIANCE Attorney General

In accordance with Section 66 of the Financial Administration and Audit Act 1985, we submit the Annual Report of Legal Aid Western Australia, covering the period 1 July 2004 to 30 June 2005. This report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985.

At the date of signing, we are not aware of any circumstances that would render the particulars in this Annual Report misleading or inaccurate.

Malcolm McCusker QC

Chairman

George Turnbull

Director CONTENTS

Annual Report Artwork Profile 2 Section 1 At a Glance 3 Chairman’s Report 5 Director’s Report 6 Budget and Service Delivery Highlights

Section 2 Highlights and Special Projects 11 Congratulations to our Chairman 12 Regional Expansion Project 13 Wheatbelt Outreach Service 14 Regional Community Initiatives 15 Legal Education Project 16 Profile: Annie Gray 17 Family Court Services 18 Improving Services for Aboriginals & Torres Strait Islander Peoples in W.A. 19 Department for Community Development 20 Administrative Appeals Tribunal Pilot 21 Social Security Project 21 Reflection from a Restricted Year Practitioner: Kate Parnell 22 Records Management 22 Grants Online 23 Volunteers 24 Working with Law Students 25

Section 3 Report on Operations 27 Criminal Law Services 28 Family Law Services 30 Civil Law Services 32 Client Services 33 Regional Services 34 Domestic Violence Legal Unit 36 Child Support Legal Unit 37 Alternative Dispute Resolution Unit 38 Community Legal Centre Funding 39 Special Funding 39 Development Services 40 Assignments 42 Information Management Services 43

Section 4 Our Employees 45

Section 5 Corporate Governance 51

Section 6 Compliance 57

Section 7 Statistical Summary 67

Section 8 Performance Indicators 73 1 Section 9 Financial Statements 81

Contact Details 112 Legal Aid WA is pleased to present throughout this year’s Annual Report a number of artworks depicting regional themes.

About the Artist Jacqueline Kennaugh has always loved nature. As a child raised in the English countryside, she enjoyed interpreting what she saw into drawings and paintings. When a wonderful school art teacher introduced her to oil paints, her love affair with the creative process really began. Jacqueline studied in England and began to exhibit and sell her work. On moving to Australia in 1968 she attended Tech in Melbourne, the Victorian Art Society and Cheltenham Art Group. She exhibited in Victoria and New South Wales, winning awards including the Herald Sun Award. In 1976 she moved to Perth and had two successful solo exhibitions. She then took time out from painting to concentrate on raising her family and work responsibilities. In 2001, Jacqueline retired from business and returned to painting with new vibrance and enthusiasm. Since then, she has held three solo exhibitions and has exhibited with the Melville Council for nine months as their invited artist. Jaccqueline is now an active member of Bayswater Art Society, friend of Ellis House Community Art Centre and has exhibited in various group exhibitions, cafes and restaurants. She loves to experiment with various mediums and techniques enjoying both representational and abstract styles. Jacqueline believes that her journey as an artist is very much a work in progress.

2 SECTION 1 AT A GLANCE

3 CHAIRMAN’S REPORT

I have pleasure in presenting the Legal Aid One of the key areas on which the Commission Commission’s Annual Report for 2004/2005. The has focused this year was the establishment of Report provides an accurate, informative, and (I an extensive Family Court Duty Lawyer service. believe) interesting overview of Legal Aid WA’s Commission staff, together with Family Court performance during the year, noting its judicial officers, counseling and administrative objectives, key achievements, and the major staff, have worked in close and harmonious co- services provided. operation to provide this valuable service to people appearing in the Family Court who are The Legal Aid Commission continues to play a without legal representation. This has not only very significant role in the administration of benefited individual litigants but, I am assured, justice in Western Australia. The Director and has greatly assisted the Family Court and officers of the Commission have regular produced greater efficiencies within the Court discussions with other key participants in the system. It is a most gratifying illustration of the justice system, with a view to improving way that the Commission works in a co-operative efficiencies and providing the public with greater manner with other parties involved in the justice access to justice. It is particularly pleasing to system, for the public benefit. note that the Commission and The Law Society of W.A. continue to have a close and co- During the course of this year, and following operative professional relationship. The helpful discussions and negotiations, the Commission is always mindful that it could not Commission has signed a new four-year funding function properly without the support of the agreement with the Commonwealth, giving the private profession, who provide their services for Commission an effective 15% funds increase and Legal Aid at a substantially reduced rate; and an improved share of Commonwealth funding. that one of the Commission’s statutory duties is The Commission is constantly searching for new to liaise with professional bodies, such as The ways to make each dollar go farther, as the Law Society, in order to facilitate the use of demand for services continues to exceed services provided by private practitioners, in available funds. It is committed to maintaining and appropriate circumstances. improving legal assistance to those appearing on This year has been an extremely busy one, as a serious charges in Magistrates Courts throughout result of a very active legislative program by the WA. By the use of modern technology, such as State Government which has resulted in many the recently introduced electronic lodgment of substantive and procedural changes which have applications for legal aid, the Commission aims to inevitably increased the workload of the reduce administrative and overhead costs, so as Commission and its staff, in accommodating to enable a greater proportion of its funds to be those changes. used for legal services and representation. The Commission is an independent statutory authority created by the Legal Aid Commission Act 1976, and is funded by both State and Commonwealth Governments. Independence in its decision making process is maintained by Legal Aid’s external review process of 4 applications for legal aid. Review Committees, consisting of two private practitioners with relevant expertise and a lay member from the community, volunteer their time and experience to make final determinations, where requested, on applications for aid. The voluntary contribution of their High priority has again been given to extending time and effort is greatly appreciated. The members of such the range of services available for Committees perform a very valuable task. disadvantaged groups, particularly in regional, In addition to providing direct legal assistance, the remote and rural areas. With the assistance of Commission develops and maintains a range of legal State Government funding, the Commission is resources to assist community agencies and members of the opening new regional offices in Albany and public generally. Web based materials, databases, kits and Geraldton, to service the Great Southern, Mid manuals and information sheets are produced and made West and Gascoyne regions. The Commission available by the Commission. They are frequently used, has also introduced a Mid West Outreach thereby assisting the public to a better understanding of their program with a focus on Northam and legal rights and obligations, and to help themselves, which in surrounding wheatbelt towns. In conjunction turn reduces some of the direct burden on the Commission with the community legal services sector the of providing legal assistance. Commission also obtained Commonwealth approval to apply surplus funds to establish a As part of its yearly Client Satisfaction Survey the video conference network throughout the Commission canvassed community legal centres to gauge Kimberley, Goldfields, Geraldton and Bunbury the usefulness of its online and print publications. The survey regions. indicated an 84% rate of satisfaction overall (up from 80% last year) which is a very gratifying result, and reflects well Legal Aid WA has completed another difficult on Commission staff. but successful year, responding to the challenge of balancing the high demand for its This year’s Client Satisfaction Survey also surveyed Legal Aid services with limited funds. The Director, Mr clients who had received assistance in a criminal matter. The George Turnbull, and all of the Commission’s overall satisfaction rate for such clients was 72.1%. Those staff are to be commended on this surveyed were particularly approving of the process of achievement, on their dedication to the applying for legal aid, 85% being satisfied that it was easy to objectives of the Legal Aid Commission, and make an application for legal aid, and 82% saying that Legal on the high degree of professionalism which Aid responded to applications promptly. The same they continue to display. percentage of such clients also said that it was easy to understand the information provided by Legal Aid relating to I also congratulate those concerned in the applications. Satisfaction levels with the lawyer who had production of this informative and “reader- represented the clients ranged from 69% to 85%, depending friendly” Report. Statistical information is on the nature of the assistance given. presented in a clear and understandable way. Performance reporting is balanced with general information, case studies, staff profiles and the views of a range of stakeholders.

Malcolm McCusker AO QC Chairman Legal Aid WA 5 DIRECTOR’S REPORT

Determining the type and extent of assistance With the significant focus on the expansion of legal aid provided to clients is pivotal to Legal Aid’s services to rural and regional areas during the year the operations. With funding limitations our focus difficulty of attracting and retaining lawyers in the bush has remains on providing services in the most cost been highlighted. There is no simple solution and it goes effective and efficient manner. As not all clients who beyond simply increasing fees. In the context of issues require assistance qualify for a grant of aid under highlighted by the Senate Inquiry into Legal Aid and Access to funding guidelines the Commission continues to Justice (June 2004) and the emerging mandatory continuing expand its range of alternative services to help legal education policy for the West Australian profession, the clients resolve their legal problems. Close Commission and the Law Society of Western Australia collaboration with private practitioners, justice commenced discussions about how to improve access to agencies and other legal service providers is professional development in regional areas, especially the essential to meeting the legal needs of the growing isolated parts in the north and east of the State. The numbers of people who cannot afford a lawyer, Aboriginal Legal Service and Community Legal Centres particularly people in rural, remote and regional Association also expressed an interest in working together to W.A. solve the profession wide problem. A partnership has now been formed and a project to develop a professional support Expansion of regional services is the theme running model for lawyers in country W.A. commenced. The project through this year’s report. In 2004/05 the also incorporates the wider issues of attraction and retention Commission secured funding for the establishment of country lawyers. of two new regional Offices in Albany and Geraldton. The new offices will significantly increase On 23 March 2005, the Commission entered into a services in those regions and address the shortage Memorandum of Understanding with the Aboriginal Legal of lawyers available to do legal aid work. Conflicts of Service of Western Australia. The Memorandum provides for interest present ongoing problems for regions with the two organisations to support each other in their work to limited service providers and the presence of a Legal improve, extend and expand access to legal services to Aid office goes a long way to ensuring that all Aboriginals and Torres Strait Islander peoples throughout parties to proceedings receive some assistance. Western Australia. The Aboriginal Legal Service and the Commission have had an informal working relationship for Again with the assistance of State funding the many years and the agreement formalises this relationship Commission is managing a State based community and has expanded on it. It is intended that both organisations legal centre funding program. As part of the funding will be sharing staff training opportunities and utilising the program a new centre in Peel has been established knowledge, skills and resources of both organisations. as well as an outreach service in the Gascoyne operating out of the Geraldton Resource Centre. The Specific purpose funding has been provided by the Commission has also obtained Commonwealth Commonwealth for the establishment of a new Family Court approval for the release of funds to establish a video Duty Lawyer service to assist people who seek to represent conference network between the Commission, themselves in Family Court matters before the Family Court. Geraldton Resource Centre, Kimberly Community Legal Aid WA Family Court Service has built upon a part time Legal Services, Goldfields Community Legal Centre paralegal service previously provided and now includes a Duty and Bunbury Community Legal Centre. To Lawyer service, Legal Advice appointments and other forms complement the effort directed at improving access of assistance (including drafting of court documents and for people in rural, remote and regional WA, the assisting with applications for a grant of legal aid). The Family Commission also introduced a Mid West Outreach Court Service also provides a very important role as a focal 6 program in Northam and surrounding wheatbelt point of liaison between the Commission and the Family towns. Court and other family law service providers. Also consistent with the move towards more court-based services, a six- month trial of a Legal Advice service at the Administrative Appeals Tribunal in Perth was initiated in April 2005. The service provides an advice bureau fortnightly and is able to advise on eligibility for legal aid and make other referrals as appropriate. During 2004/05, the Commission at the request of the Department for Community Development assisted the Department by providing independent legal advice to individual persons in cases of substantiated abuse whilst the person was a child in the care of the Department. Funding was provided by the Department and over 100 matters dealt with by the In-House Practice. Further cases have been identified by the Department for Community Development as requiring independent legal advice. With limited in-house capacity to take on further matters, arrangements have been reached with the Department to manage a fund to grant aid to private practitioners to provide independent legal advice. The private profession continues to play a significant role in the provision of legal aid services in Western Australia. In 2004/05 62 % of legal aid grants were referred to private practitioners, compared to 60% in 2003/04. Private practitioners submit 24% of all applications and key strategies aimed at simplification of the application for aid process through Grants Online has continued to be a target for administrative savings. The expansion of the merits certification/checklist approach continues to give private practitioners a bigger role in determining which applicants receive aid. Grants Online is presently used by 58 firms, accounting for 50% of all applications received from or rostered to private practitioners and over 20% of all applications received. Feedback has been overwhelmingly positive. A new enhanced version of Grants Online incorporating smart forms (improved save ability and reduction in pages), simplified extension There are never enough resources to assist requests, superior search functionality and intelligent everyone in need in the community and I would questions (questions are shown/hidden depending on therefore like to publicly acknowledge the previous answers) was released in June 2005. Further valuable work of volunteers and, in particular, enhancements are planned for 2005/06. those members of the private profession who The Career Planning and Rotation Programs for legal provide their services free of charge to assist in practitioners continue to provide a range of career meeting that need. development opportunities at both junior and senior I would also like to take the opportunity to levels. The Regional Rotation Program in particular has congratulate our Chairman, Mr Malcolm enjoyed continued success with a number of senior legal McCusker AO QC who in January 2005 was practitioners taking advantage of an opportunity to rotate awarded the Order of Australia. In June 2005 he or transfer to another regional or metropolitan position, as was also named Western Australian Citizen of well as a number of junior practitioners from Perth Office the Year in the Professions Category. Under Mr being afforded regional rotation experience. The McCusker’s Chairmanship, the Commission has continuing legal education of staff is the subject of a evolved from a small centrally focussed agency major review within the Commission with a working party delivering a limited range of services to a much of legal practitioners currently working on the larger organisation operating in a vastly more development and implementation of a comprehensive sophisticated environment. training framework. The Commission’s aim is to obtain accreditation as a provider of continuing legal education in Finally, I would also like to express my thanks accordance with criteria established by the Legal Practice and gratitude to all the Commission staff for Board of W.A. their continued dedication. Despite the every day challenge of stretching available resources, our staff tirelessly strive to provide responsive and quality legal assistance to meet the needs of our 7 ever increasing client base.

George Turnbull Director of Legal Aid BUDGET AND SERVICE DELIVERY HIGHLIGHTS

RESOURCE ALLOCATION • Operating surplus of $1,561,963 BY SERVICE boosted by a contribution of $764,000 from the State Government for the establishment of two new regional offices.

• Revenue from the State Government increased by 53% Legal Representation 3% Child Support Services $1,877,699 or 11.5% and from 1% Face to Face Services the Commonwealth 2% ADR Program 5% Other Community Services Government increased by 6% State CLC Program $1,428,298 or 11.7%. 3% Telephone Information Line 8% Duty Lawyer • Revenue from activities 6% Legal Advice 3% Minor Assistance increased by $2,389,824 or 9% Assessment and Case Management 16%.

WHERE THE FUNDS • Expenditure on legal HAVE COME FROM representation (excluding Commissions of Inquiry) increased by $1,323,279 or 8.1%.

• Expenditure of $1,885,963 on the new State Community Legal Centre program. 51% State Government 39% Commonwealth Government • Net assets increased by 7% Other Income 3% Client Contributions $1,561,963 to $8,512,542.

OCCASIONS OF SERVICE BY SERVICE TYPE

8 43% Telephone Information LIne 22% Duty Lawyer 14% Legal Advice 4% Minor Assistance 8% Assessment and Case Management 5% Legal Representation 5% Face to Face Services LEGAL REPRESENTATION REGIONAL SERVICES • Applications for a grant of legal aid decreased in During the year, Legal Aid WA focused on: comparison to the previous year by 3%, with the • consolidation and expansion of its most significant reduction in criminal law Wheatbelt services, including the applications of 4%. The approval rate remained establishment of the Wheat Belt Outreach consistent with the previous year’s result of 65%. Service as a separate business unit; • Grants of aid awarded for the year, under the • funding and preparation for establishment influence of reduced applications received, of the Midwest and Gascoyne regional decreased by 3%. Despite an overall decrease, office in Geraldton and the Great Southern family law grants increased by 2%. Regional office in Albany; • Grants of aid awarded for Alternative Dispute • greater emphasis on the provision of Resolution conferences continued to increase being Commonwealth law services in regional 5% more than last year. areas, especially family law, including consolidation and expansion of the ADR conferencing program; NON-LITIGATION SERVICE • the continued use and expansion of DELIVERY technology services in the country, • Legal Aid WA provides non-litigation services in five particularly video conference, with both a primary areas - telephone advisory services, face to staff and client perspective; and face legal advice, minor assistance services, child • the support of the rural regional and support services and alternative dispute resolution remote (RRR) contact centres. services. • There was an increase in service delivery for our telephone advisory services (4%). However, there SPECIAL FUNDING was a decrease in services for legal advice (11%) During the year, Legal Aid WA received and minor assistance (5%). special funding for various projects. • Clients continued to seek help in all areas of family • Corruption and Crime Commission: special law, as well as a range of civil law problems, funding was received from the State particularly involving unfair dismissals and other Government to assist serving and former employment law problems, contract and debt public officers called as witnesses or served problems, motor vehicle accidents as well as social with notices or summons’ by the security matters. Corruption and Crime Commission. The fund is still in its infancy. • Department for Community Development: The Department for Community Development asked Legal Aid WA to provide independent legal advice to individual persons in cases of substantiated abuse whilst the person was a child in the care of the Department. During the year expenditure totalling $129,227 was realised. • Finance Brokers: Expenditure totalling $115,705 was realised in support of legal actions to recover losses from defaulting finance brokers and borrowers, and those who provided “professional services” to 9 those persons. LEGAL AID WA SERVICES

Services Provided To The General Community Telephone Advice Line And Face-To-Face Advisory Services: Assists people to identify and solve legal problems by understanding the choices for resolution and the resources available to them. Provides initial legal advice and information including referrals to sections of Legal Aid WA and to other agencies where appropriate.

Duty Lawyer Services: Makes sure people appearing before the courts have access to legal assistance and helps them to understand the options available for responding to legal actions in which they are involved. Services For Specific Groups Legal Advice And Self Help Services: Assists in solving legal problems through advice and self-help services designed to reduce the need for legal representation including preparing court documents.

Community And Education Services: Improves the reach and service potential of Legal Aid WA and identified stakeholder agencies such as courts and Community Legal Centres by providing knowledge based resources systems, publications, self-help kits and paralegal training.

Legal Representation: Provides legal representation in the courts to priority clients, including children, on a range of family, civil and criminal law matters. Alternative Dispute Resolution (ADR): In suitable circumstances, an ADR conference provides an alternative solution for family disputes through a process other than the court system. Services range from very minor disputes through to late intervention conferences for serious family law disputes including those involving domestic/family violence.

10 SECTION 2 HIGHLIGHTS AND SPECIAL PROJECTS

11 CONGRATULATIONS TO OUR CHAIRMAN

Congratulations to Malcolm James McCusker Committee, and is currently Chairman of the Advisory Board to the A.O. QC, Chairman of the Legal Aid Commission, Western Australian Constitutional Centre. In 2003 he was appointed who in January 2005 was awarded an Order of the first Parliamentary Inspector for the Corruption and Crime Australia in the Australia Day Honours list for Commission. service to the legal profession, particularly in the Under Mr McCusker’s chairmanship, the Legal Aid Commission of fields of criminal and commercial law, to the Western Australia has evolved from a small, centrally focussed business and finance sectors, and to the agency delivering a limited range of services to a much larger community through a range of health, church, organisation operating in a vastly more sophisticated environment. cultural and sporting organisations. In June 2005 The Commission has established specialist legal aid services in the he was also named Western Australia Citizen of areas of child support, domestic violence, immigration, youth law the Year in the Professions category. and alternative dispute resolution, and introduced many other Mr McCusker was born in Perth in 1938. He initiatives, including technological innovations such as electronic attended Perth Modern School, and after submission of some applications for grants of legal assistance, deciding to study law at the University of resulting in process efficiencies and improved dissemination of Western Australia, he spent his first year information, and contemporary financial management practices juggling full-time studies with a full-time job at resulting in the Commission receiving the Auditor General’s award the Shell Oil Company. His lecturers included for excellence in financial reporting in 2001. future High Court Justices Ron Wilson and John Mr McCusker’s commitment to the law is demonstrated by his Toohey, future Supreme Court Justice John willingness to undertake pro bono work. His representation of the Wickham, future Family Court Justice Ian McCall Mickelbergs is testament to this dedication. He first became and the future Supreme Court Chief Justice, the involved in this well known case when Henry Wallwork QC (later a late Sir Francis Burt. He saved enough from Supreme Court Justice) asked him if he would do a High Court employment in his first year, to attend full time appeal pro bono for Peter Mickelberg. The Mickelbergs’ appeal was in the following years. He had been unsure recently allowed and their convictions quashed. Mr McCusker about law as a career, but says he was inspired described this as a highlight of his career, in a campaign that he had to continue with his legal studies by the contract been involved in, with numerous appeals, for some 18 years. lectures of Sir Francis Burt (then Burt QC). There were “about a dozen” students in his graduating Malcolm McCusker’s contribution to Western Australia extends class, including the current Chief Justice, the beyond the justice system. He has provided ongoing financial Hon. Justice David Malcolm AC CitWA, the support to a number of charitable institutions including medical former Solicitor-General of WA, Mr Peter research, particularly through the McCusker Foundation for Panegyres, and the well known sports Alzheimer’s Disease Research, of which he is patron. The research commentator, George Grljusich. On graduating, team of 20 staff and postgraduate students has been supported for he was articled to Bob Wallace (who later the last 14 years by the McCusker family. He was a member of the became a Supreme Court Justice) at the firm Institute for Medical Research Fundraising Appeal, is a keen Kott, Wallace and Gunning. supporter of surf lifesaving activities in Western Australia, and has been a member and trustee of the Special Air Services Resources Within six months of his admission to practice in Trust since 1998. Mr McCusker also had a long association with December 1961, Mr McCusker became a tertiary legal education, lecturing part time at the University of partner at Kott, Wallace, Gunning. Within his first Western Australia in both the Law and Commerce Faculties for over year of admission, he had made his first Full 20 years. He was also a member of the Murdoch University Senate Court appearance - a remarkable achievement. for 6 years, and co-sponsored a new building at the Murdoch Law He modestly explains that in those days the legal School. profession was smaller with a more collegiate atmosphere and greater opportunities for Mr McCusker has maintained an interest in farming, which began in elevation into positions of high responsibility. his early days of practice. He currently owns a 25,000-acre wheat, After working at Kott, Wallace, Gunning for six sheep and cattle farm at West Calingiri, Western Australia. He years practising mainly in commercial law, he believes that his experience in farming and his dealing with the founded his own firm in 1968, which became “down to earth” people involved in farming, has helped him to stay (when Ron Harmer joined him) McCusker & grounded and gain a deeper understanding of people. 12 Harmer. In January 1982 he was appointed Mr McCusker has appeared as counsel in a wide range of Queen’s Counsel. In December 1982 he was commercial and criminal cases in the District and Supreme Courts, appointed Chairman of the Legal Aid the Federal Court, High Court, and even the Privy Council (not long Commission and still holds this position today. In before such appeals ceased). A member of the Independent Bar, 1989, as Special Inspector, he conducted an and currently the most senior practicing silk in Western Australia, he investigation into the collapse of Rothwells continues to practice the full breadth of the law, a profession in Merchant Bank. In 1992-93 he was Chairman of which he still finds both fascination and satisfaction. the Western Australian Constitutional REGIONAL EXPANSION PROJECT: GREAT SOUTHERN, MIDWEST AND GASCOYNE

With the assistance of State Government • improve our presence in the DID YOU KNOW funding, Legal Aid WA is in the process of community. Local Legal Aid WA offices opening two new regional offices in are part of the local community and Regional Offices play a Albany and Geraldton to service the Great accrue the necessary knowledge to key role in service Southern, Midwest and Gascoyne regions. respond effectively to local situations. delivery at Legal Aid • result in the provision of immediate in Staffed by three full time lawyers, an WA. In 2004/2005 our person assistance. Often being able to office supervisor/paralegal and a legal regional offices handle matters in person and quickly secretary, each new regional office will delivered: can reduce the level of frustration, undertake the full range of legal aid work anxiety and anger particularly in family • 23% of our total legal aid including: law matters, avoiding the potential for applications • Grants of legal aid violence. • 54% of our total Minor • Minor Assistance • Result in better mediation services: Assistance Program; • Legal Advice Bureau The Family Court requirement to • 35% of our total Legal Advice • Duty Lawyer attempt mediation means that suitable Bureau services; • In person Information mediation services need to be available • Continuing Legal Education in the regions. Experience has shown • 49% of our total Duty Lawyer services; Both the Albany and Geraldton offices will that our Alternative Dispute Resolution be equipped with purpose built Alternative program works much more effectively • 33% of our total In Person Dispute Resolution conference facilities to where there is a local Legal Aid WA Information; office in the hub town of a region. assist people to resolve their disputes • 14% of our total Policy Advice; • improve access to justice for remote particularly in the area of family law. These and conference facilities will be made available clients. Both new regional offices will to the wider community at low cost. be equipped with state of the art video • 10% of our total Continuing conferencing facilities Legal Education. We anticipate that the new regional offices will: Great Southern • result in increased service delivery; Our new Great Southern regional office • address the shortage of lawyers opened in Albany on 27 June 2005. This available to do legal aid work; initiative will help us to provide more • result in improved family law services, comprehensive services in the Great particularly in relation to urgent family Southern region and in the Southwest law matters such as the recovery of region, which previously serviced the children who have been taken without Great Southern area from our Bunbury consent, or matters involving violence office. which now can be dealt with At this stage the office is located at 104 immediately; Aberdeen Street, Albany, however during • result in improved Children’s Court the next 12 months we will be looking representation, particularly in Albany Great Southern office in Albany for more suitable longer-term where there are no Duty Lawyer accommodation that can house our services in the Albany Children’s Court; planned Dispute Resolution Centre. • improve services where there is a conflict of interest: Conflicts present Midwest and Gascoyne ongoing problems for regions with Our new Midwest and Gascoyne regional limited service providers. Even where office opened on 19 August 2005. there is a Community Legal Centre, there are often only a few other service The office is located at Unit 7 The providers for people seeking assistance. Boardwalk, Foreshore Drive, Geraldton. A Thus the party which gets in first to the purpose built Dispute Resolution Centre Legal Centre gets advice and assistance will also be located in Unit 8 The and the other party quite likely misses Boardwalk, Foreshore Drive, Geraldton 13 out or, even if they do get telephone and should be completed by late August advice, effective follow up assistance 2005. may well be problematic.

Midwest and Gascoyne office in Geraldton WHEATBELT OUTREACH SERVICE

The Service towns up to Jurien and inland to Moora and other towns. An The Wheatbelt Outreach Service (originally called increase in demand in this region is expected as more Midwest Outreach Service) was established as a prospective clients become aware of the existence of this separate business unit in November 2004 to deal service. specifically with the provision of legal services to the The Solicitor Midwest of Western Australia. Previously duty lawyer and advice services were provided out of the Midland Jack Trainor has worked for Legal Aid WA since 1987. He spent Office the majority of that time working in what is now known as Assignments. He has also worked in the Finance Brokers Unit, A legal advice bureau operates from Northam on three as Human Resources Manager and as Special Projects Officer. Fridays each month. . The legal advice bureau covers the He has been the Outreach Solicitor since the role was areas of civil law, family law and criminal law. On the established in November 2004. fourth week of the month there is a three day advice Prior to his employment with Legal Aid WA, Jack worked as the bureau service provided in Geraldton. In 2005-2006, this solicitor for the Farmers Union of WA, now known as the part of the service will be taken over by the newly Farmers Federation. Part of his duties included representation of formed Geraldton office as will telephone advice the Farmers Union in several industrial law cases involving the currently provided by either the Outreach Solicitor or the pastoral industry, negotiations with the relevant union and Midland office. government departments, as well as representing individual Additional assistance is provided by the minor assistance farmers in civil proceedings for damages and defending farmers program in which clients are helped with drafting of who had been subject to prosecution. letters of demand, summons’ and various family law Jack has found himself very busy with the Outreach Service and documents. The drafting of documents is usually has had a very good response to Legal Aid WA’s presence in the undertaken by the Outreach Solicitor back in the Perth Wheatbelt. There is no longer a Community Legal Centre office with support from other staff. operational in Northam and only one other legal firm in town, so The minor assistance program enables clients to pursue there is a real demand for the service. legal remedies that would not ordinarily be covered by a Jack considers that Legal Aid WA is providing an important grant of legal aid service and servicing a need that is in many respects untapped. The Wheatbelt Outreach Service solicitor, Jack Trainor, As the outreach solicitor he is required to take a holistic approach also travels to Northam each Monday to provide Duty to the problems of the people he sees. Very often the legal Lawyer services and will also soon be appearing in the problem is a symptom of underlying problems and this requires Merredin Magistrates Court on a monthly basis. At Jack to delve into referrals and financial matters in addition to the present Duty Lawyer services in Merredin are provided more obvious problem. These problems are further complicated through the Midland office. by the lack of resources in country areas compared to the The Duty Lawyer service consists of providing resources available in Perth. Jack has also found that, in country representation before the presiding magistrate on areas, it is important for the clients to know their solicitor. By matters for which a plea in mitigation is required and visiting these areas and spending time with his clients, Jack is obtaining adjournments for legal advice prior to the able to provide a more personalised and effective service than is matter coming back to court. possible through telephone assistance. Clients appearing on charges that will ultimately proceed in the superior courts are also represented, however Jack Trainor such representation only covers procedural or interim issues. Key Strategy - Customer The Duty Lawyer service covers matters that would not Service ordinarily attract a grant of legal aid and provides Development of strategies to ensure assistance to persons who otherwise would appear equity of access to services regardless unrepresented in the magistrate’s court. of regional and time constraints. Currently the Outreach Service provides assistance to The establishment of the Wheat belt clients from Northam, York, Toodyay, Wundowie, 14 Outreach Service to provide the Beverley, Cunderdin, Dowerin, Goomalling, Corrigin, Midwest of WA with access to Duty Merredin, Geraldton, Northampton, Dongara and Lawyer, legal advice and minor Greenough. assistance services. With a fully operational office in Geraldton shortly, it is anticipated the Wheatbelt Outreach Service will concentrate on other areas where the need for legal services is currently not being met such as the coastal REGIONAL COMMUNITY INITIATIVES

Community Legal Centres • the ability to confidentially send and receive During 2004-2005 there was a strong focus on working with documents by fax, post and email. Community Legal Centres (CLCs) in rural, regional and remote • attendance at an induction training session (RRR) areas. on Legal Aid WA services. • the ability to provide space for Legal Aid WA The National Community Legal Centre Conference was held publications and other legal resources. in Adelaide in September 2004. At the conference, Legal Aid WA and representatives of regional CLCs formed the RRR Community Contact Point centres provide CLC Working Party. Representatives of the Aboriginal Legal people with access to Legal Aid WA services Service and Indigenous Women’s Network also participate in including the availability of a confidential the working party. The working party was established to interview room for people to be provided examine special issues facing RRR centres, including telephone legal advice by one of Legal Aid difficulties in recruitment of solicitors and supervision of junior WA’s solicitors. Legal Aid WA continues to practitioners. offer legal advice appointments at the Mandurah Court. Appointments are made The RRR working party has proved to be a successful through the Legal Aid WA Infoline. initiative. As a result of combined CLC and Legal Aid WA efforts, Commonwealth approval was granted to establish a Legal Aid WA provides training to community video conference network between Legal Aid WA, Geraldton agencies staff members on the referral and Resource Centre, Kimberley Community Legal Services, assistance guidelines. Goldfields CLC and Bunbury CLC. This exciting new project Community Contact Points have been will mean that regional centres and Legal Aid WA will be established at the Waroona Community Centre linked by video conference technology for training and other and Mandurah Citizens Advice Bureau. These purposes. Community Contact Points are operating as Work is continuing on the project examining supervision of pilot projects, which Legal Aid WA expects to restricted practitioners in country areas and ongoing extend to other isolated areas in future years. professional support and training for country lawyers. Regional Office Video-links Community Contact Points Legal Aid WA’s Development Services’ monthly Legal Aid WA’s regional offices have a strong history and Video-link with regional staff delivered service relationship with their local communities. Community Contact updates on a large diversity of matters, and a Points provide people with access to a confidential interview further eight legal update sessions covering room and the use of telephone, facsimile, copier and printing legislative and other changes. Legal updates facilities. covered a diversity of matters including the civil and criminal law and procedural changes Requirements to be a Legal Aid WA Community Contact included in domestic violence legislation, the Point include: Magistrates Court Act and Regulations, Simple • providing services to people on a low income or with some Offences legislation, the requirements under other social or cultural barrier to accessing legal services. offender reporting, and an overview of the • providing a private interview space with access to a operations and requirements in the State telephone or video conference unit. Administrative Tribunal and a range of family law initiatives. Community Legal Centres with access to video Key Strategy- Customer link equipment are invited to these sessions. Service This initiative will be expanded in the next financial year, as a greater number of rural Development of strategies to ensure equity of Community Legal Centres will have access to access to services regardless of regional and equipment. Further, Legal Aid WA’s response time constraints to the advent of mandatory continuing legal Offering greater accessibility to legal advice education, as a prerequisite for renewal of and assistance for people living in regional, professional practice certification from 2006, 15 rural and remote regions with use of will include delivery of accredited training both telephone and video conferencing technology to, and in conjunction with, Community Legal and building strong community links. Centres and other like-minded organisations such as the Aboriginal Legal Service. LEGAL EDUCATION PROJECTS

Mandatory Continuing Legal practice certificate. However, practical and continuing legal Education (CLE) for Legal educational resources are not readily available to country Practitioners lawyers. During the year, Development Services The Senate Inquiry into Legal Aid WA and Access to Justice established a project to examine how the (June 2004) acknowledged the particular disadvantage mandatory CLE requirement for legal experienced by clients seeking to access legal services in practitioners can be met, and how we can rural areas. The report recommended investigating options to support our community partners as well as increase services in non-metropolitan areas, developing a ensure any initiatives have regional application coordinated approach to service delivery and strategies to and accessibility. Existing materials are being attract and retain lawyers in non-metropolitan areas. examined to determine how they can be At the Legal Aid Congress in Queensland in November 2004, revised and updated for inclusion as accredited the issue of diminishing legal services in areas outside the materials. Documentation development metropolitan area raised considerable interest and concern. includes a process to identify audience, One of the key recommendations arising out of the Congress outcomes, ensure continuing legal integrity and was to investigate mechanisms for cooperative arrangements to identify the particular significance of the among service providers in the rural, regional and remote materials to the various criteria established by areas and other stakeholders who can develop long term the Legal Practice Board of WA. Development strategies which see professional service providers return to Services will continue to work closely with the bush. regional offices and external service partners Initiatives are already underway in Queensland and New on this initiative. South Wales that offer examples for partnership Lawyers In Country WA arrangements across the legal sector. Legal Aid WA, in collaboration with the Law It was in this context that Legal Aid WA and the Law Society Society of Western Australia, Aboriginal Legal of Western Australia commenced discussions in 2004 about Services of WA (ALS) and the Association of how to improve access to professional development in the Community Legal Centres (WA) (CLCs), has WA bush, especially the isolated parts north and east of recently embarked upon a project to address Perth. The ALSWA and CLCs subsequently expressed an the problems facing country lawyers. interest in working together to solve the profession wide problem. This led to the formation of a partnership to Western Australia is the largest geographical supervise the project which incorporates the wide issues of jurisdiction in the world. There are 148 country attraction and retention of country lawyers. By June 2005, the lawyers in regional WA, often in isolated towns project proposal was ready for advertisement. It is envisaged and cities. Attraction and retention of lawyers that the project will commence in September 2005 and is difficult, with some vacancies remaining conclude by the end of March 2006. unfilled for many months and others filled only by very junior staff. In 2006, all WA lawyers will The country lawyers project is aimed at improving the be required to comply with mandatory employment and retention of lawyers in country WA and Continuing Legal Education requirements as a improving access to professional development for country condition of the renewal of their annual lawyers. The project has two elements. The first element is piloting several programs and assessing their effectiveness. The programs include remote Continuing Legal Education, judicial briefings, mentoring and building local capacity. The Key Strategy- Communications second element is analysing, reporting and making Implementing strategies that ensure open and recommendations about ongoing issues, including analysing clear communication about our services with the pilot projects and developing an industry-wide solution for our customers and the community the recruitment and retention of rural lawyers. We continue to provide advice and training The difficulties inherent in providing legal services to regional for Community Legal Centres, our regional areas of Australia are particularly pronounced in Western offices, government agencies, and other Australia. This ongoing problem is one that Legal Aid WA 16 relevant service providers to increase the considers it extremely important to address. It is hoped that awareness about the services available the Lawyers in Country WA Project will lead to significant through Legal Aid WA. improvements in this area. PROFILE: ANNIE GRAY - SOLICITOR/MANAGER, ISLANDS SERVICE

Annie Gray has always kept herself busy. She Annie says the bulk of her work is made up of worked for approximately five years in private minor assistance work. For example, one of practice both in Sydney and in Perth before many tasks that is relatively simple on the becoming involved in community law. Since mainland is filing for a divorce. This task then, she has worked part time for Fremantle becomes more complicated on the Island due to Community Legal Centre (formerly Community language difficulties and an unreliable and slow Legal and Advocacy Service), a Community mail service. This is an area in which Annie can Legal Centre in Fremantle. At the same time, help by assisting people with applications, by she has worked part time in a number of other filing documents at the court with requests for positions, including as Deputy Chair of the telephone hearings and by arranging service of Annie Gray Homeswest Independent Appeals Tribunal, court documents either on the mainland or on outside Christmas senior case manager at the National Native the Island. Annie and Nora have even resorted to island Title Tribunal and supervising the Infoline at role-playing to explain to their clients how to Courtroom Legal Aid WA. Since January 2001 she has effect service of their documents! worked part time for Legal Aid WA as Annie also has an important role to play in Solicitor/Manager of the Islands Service, while providing community legal education to the continuing her work with Fremantle Community Island’s population. Each trip Annie tries to Legal Centre. provide some training to a particular community As manager of the Islands Service, Annie group such as the hospital staff, the police, the travels to Christmas Island (approximately Justices of the Peace and even the Christmas 2650km north west of Perth) once a month Island Women’s Association. She has provided excluding January. She stays for 3, 5 or 7 group training and has provided information to nights each visit (depending on the availability teachers for their professional learning program. of flights!). She travels to Cocos (Keeling) Her talks vary according to the audience and Islands if someone has been charged with an cover all manner of civil, family and criminal offence, although this is not a common matters. The island also has a bi-weekly occurrence. The Christmas Island office is also newspaper, The Islander. Legal Aid WA provides staffed by Nora Koh, a paralegal officer who an article for the paper each month, translated lives on the Island, and whose assistance is a into English, Chinese and Malay. Nora does the huge benefit to Annie. Chinese translation. The population of Christmas Island fluctuates The location of her office and the nature of her over time. Approximately 60% of the clients make Annie’s job special, and it is the population is Chinese with the remainder made clients who are the favourite part of her job. She up of Muslim, Malay and Caucasian people. loves the informality of the Island, even when The population is currently around 1100 people, clients walk straight into her office without an but increases and decreases depending upon appointment. Another Legal Aid WA employee, the number of asylum seekers arriving and Judith Quinlivan, has spent time on the Island contractors involved in capital works. The with Annie. Judith says of Annie “she was really nature of the population at any one time can well respected and regarded by all of the determine the type of work that is required of community, including Chinese, Malay and ‘white Annie. fellas’. It was really obvious to all that she was completely committed to her individual clients Annie’s work is nothing if not varied. She is and also the community outreach kind of work ... involved with community legal education, she There is a real sense of Annie being part of the provides legal advice bureau, Duty Lawyer and community even though she comes and goes. minor assistance, as well as assisting people They love her there!” under grants of aid. Her work covers family, criminal and civil law. Her work is funded by a service delivery arrangement with the Commonwealth. 17 FAMILY COURT SERVICES

During the 2004-2005 financial year the Commonwealth Duty Lawyers’ Role government provided funding to the Legal Aid Commissions in The Duty Lawyers can: each state to provide Duty Lawyer assistance to self represented litigants at the Family Court. A National Protocol • give legal advice; for the service was developed in consultation with National • apply for adjournments; Legal Aid, the Family Court of Australia, the Family Court of • appear on behalf of clients in short matters; Western Australia and the Federal Magistrates Court. Locally, • negotiate between parties or with the other Legal Aid WA staff and Family Court judicial, counselling and party’s solicitor; administrative staff worked closely together to establish • prepare minutes of consent orders for appropriate protocols and workflow processes for the presentation to the court on the day; delivery of the service in Perth. • prepare simple court documentation such as recovery order applications and supporting On Tuesday 29 March 2005 the service, called Legal Aid WA affidavits; Family Court Services, commenced operation. • not represent clients in trials. Legal Aid WA Family Court Services builds upon the paralegal Conflict: service Legal Aid WA has previously offered at the Family In offering this service Legal Aid WA is aware of Court and encompasses: the potential for conflicts of interest to arise. • a Duty Lawyer service (two lawyers available each day); Where a conflict of interest is identified, we • legal advice bureau appointments; endeavour to provide the affected in-person litigant with a service equivalent to that which • minor assistance (drafting of court documents, assisting would have been offered had there not been a with applications for grants of legal aid etc); and conflict. Circumstances may also arise where a • liaison between Legal Aid WA and the Family Court, and client requires urgent legal assistance that our in- other family law service providers. house practice is not in a position to provide on The service functions as a provider of and referral point for the day. the full range of Legal Aid WA family law services, rather than Referrals from Legal Aid WA Family Court simply a stand-alone Duty Lawyer service. It operates from Services are offered to members of the Legal 9.00am to 4.00pm each weekday. The first point of contact at Aid WA Family Law Panel to enable these the Family Court for client referrals is the assessment counter people, in appropriate circumstances, to access on the ground floor. legal advice and assistance from a private practitioner. The Director of Legal Aid WA has Clients Requiring Representation: provided panel members with information about Our clients are people who: the service and the arrangements associated • have an imminent court date (either the same day or the with the referral process. next day); Trends: • have a matter in the General List; Since the commencement of the operation of • have been served with court documents and have not had the service: an opportunity to respond; • feel they are unable to represent themselves on the day; • Client numbers are increasing, from 223 in • may fit into the guidelines for the Legal Aid WA Minor April to in excess of 300 in July; Assistance Program where Client Services have assessed • It is apparent that many people use the Family that it would be beneficial to have a Duty Lawyer represent Court as their first contact point after a them on the day. relationship breakdown and are unsure of the process that follows separation. These people often require referrals for non-legal assistance such as counselling and other emergency support from Family Court Services staff; • Most clients require assistance in relation to residence and contact matters and a high 18 proportion of these are seeking recovery and/or location orders; and • Family Court Services staff are well placed to identify and make appropriate and timely referrals of clients into the Legal Aid WA The Family Court Alternative Dispute Resolution (ADR) program. Services team IMPROVING SERVICES FOR ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES IN WA.

Feedback from the Family Court During 2004-2005, a working group comprising Registry Staff on the progress of the members from Legal Aid WA and the Aboriginal Legal services: Service of Western Australia (Inc) (ALS) met regularly to consider how an already close working relationship Clients often see the Family Court as their first could be extended even further to achieve better legal port of call for advice when faced with difficult outcomes for Aboriginal and Torres Strait Islander situations in their family law disputes, particularly peoples in WA. when they identify a need for a recovery order, assistance with document completion on an Around 15% of Legal Aid WA clients are from urgent basis or feel that they are unable to Aboriginal and Torres Strait Islander backgrounds. properly represent themselves in court. Legal Aid WA is committed to understanding cultural sensitivities that may have a bearing on their legal The Court is unable to give legal advice or issues, and to working cooperatively with ALS to complete documentation for clients. Prior to the develop and expand resources and training introduction of Legal Aid WA Family Court opportunities that will benefit our mutual clients. Services, the Court directed clients to a support service. Clients often became distressed and On 23 March 2005, these discussions culminated in a agitated by the redirection, felt it was all too hard Memorandum of Understanding signed by the and didn’t follow through with court processes Chairman of Legal Aid WA, Malcolm McCusker, AO, or alternative dispute resolution. QC, and Victor Woodley, President of the Executive Committee of the Aboriginal Legal Service. With the introduction of Legal Aid WA Family Court Services, the court staff have reported a The Memorandum sets out our organisations’ desire marked decrease in aggression from clients at to utilise the knowledge, skills and resources of both the main reception area as they can be told that organisations to maximum effect and to minimise Legal Aid Duty Lawyer services are available and duplication of effort in order to extend and expand they may be able to get immediate assistance at service to Indigenous clients across WA. An the Court without being redirected elsewhere. implementation plan was adopted establishing The benefits of this service therefore extend priorities and activities to be undertaken during the beyond the clients’ perceptions of a positive next financial year, including: service, to improving the general working day for • identification of appropriate contact people within Court Staff. The presence of Legal Aid at the various sections to promote prompt and effective Court has had a major impact on resolving communication, and development of those children’s matters where proceedings have relationships; newly commenced. • sharing resource information including library and Information Technology systems knowledge; • shared access to training opportunities; and • provision of cross-cultural training by ALS staff for Legal Aid WA personnel. Legal Aid WA looks forward to expanding its knowledge and capacities through these links with ALS in the future.

Key Strategy - Customer Service Development of strategies to ensure equity of access to services regardless of regional and time constraints. Family Court Services established to provide full range of family law services including 19 Duty Lawyer services, legal advice and minor assistance to those who are unrepresented before the Family Court. DEPARTMENT FOR COMMUNITY DEVELOPMENT MATTERS

In January 2004, the Department for Community In a number of other cases, rather than Development formally requested assistance from proceeding against the Department, the Legal Aid WA to provide independent legal appropriate course of action has been identified advice to individual persons in cases of as a claim for criminal injuries compensation substantiated abuse whilst the person was a because of a criminal offence perpetrated child in the care of the Department. Many of against the child. A number of those matters these persons are still children (that is, under 18 have reached conclusion including one in which years of age). An agreement was reached with a ward of the state was placed at a private the Department for Community Development to children’s home and a home based carer provide $50,000 to help fund the cost of one perpetrated physical abuse on the child. lawyer to provide the legal advice. Just over 100 There are a number of unique aspects to the matters have been referred in house for advice project. One is the high level of cooperation under the initial arrangement. between the various Government agencies Towards the end of 2004, Legal Aid WA reached involved - the Department for Community maximum in house capacity for these matters Development, Legal Aid WA, State Solicitor’s and the Department for Community office, Public Trustee, Assessor of Criminal Development agreed to provide Legal Aid WA Injuries Compensation and the District Court. with a further $165,000 to arrange for private Although contentious matters are being lawyers on Legal Aid WA’s panel to investigate investigated and litigated, there is scope for the and advise in relation to a further 80 cases. The various agencies involved to liaise and co- majority of the funds provide for private operate to produce appropriate outcomes for practitioners fees with disbursements (mainly the children affected whilst ensuring that medical and psychological) and provision for administrative and legal costs are kept within Legal Aid WA’s cost of administering the reasonable limits. “scheme” making up the balance. Funds The unique aspects of this project highlighted a authorised under grants of legal aid for this part need to inform and educate the private of the scheme have now been committed for solicitors carrying out the work involved and to the amount provided. this end Legal Aid successfully conducted a The Department for Community Development seminar for 22 private practitioners in June has notified Legal Aid WA that there are a 2005. further 120 cases requiring independent legal advice. Legal Aid WA is arranging for private lawyers on Legal Aid WA’s panel to investigate and advise in relation to all of these further matters. An additional allowance has been agreed to cover private lawyers fees in acknowledgment for the extra time that is being experienced in investigating these matters. Also, the amount allowed for disbursements and for Legal Aid WA’s administration costs were increased under new funding arrangements for the additional 120 cases. Key Strategy - Customer To date, Legal Aid WA has issued writs in the District Court against the Department alleging Service abuse in care on behalf of six children. Those Development of strategies to ensure equity of cases are still in progress. access to services regardless of regional and time constraints. Expansion of court based services into the 20 specialist area of the Administative Review Tribunal is aimed at providing timely access to advice services and referrals where appropriate and to target an identified gap in services available for social security clients. ADMINISTRATIVE APPEALS TRIBUNAL LEGAL SERVICE

A six month trial of a duty advice service THE SOCIAL SECURITY based at the Administrative Appeals Tribunal in Perth commenced in mid April 2005. The PROJECT service provides an advice bureau fortnightly. The service is for unrepresented parties currently involved in proceedings in the The project was successfully transitioned over Administration Appeals Tribunal. The service to general service provision and we are happy is limited to legal advice and the Legal Aid to report the project completed the following: WA lawyer does not, as part of the service, • The necessary resources for service delivery represent appellants at conferences or were identified and made available both in hearings in the tribunal. This is in line with hard copy and online court based services now in operation in • Key service partners were located and New South Wales, Victoria and Queensland. service strategies developed to ensure The service is free with the usual fee for smooth interactions for clients and each legal advice being waived during the trial other period. • Key internal staff were drawn together to develop an integrated service package - Advice appointments are limited to advice notably staff from Assignments, the In-house about immigration, social security and Practice, the Duty Lawyer Service, Frontline veteran matters. The Legal Aid WA lawyer Coordinators and Client Services. on duty is also able to advise on eligibility for • Six well attended training and information a grant of legal aid and make other referrals sessions were held for staff in Perth and a as necessary. Applications for legal aid can specific session for regional staff via video be taken from appellants where it is conferencing considered appropriate and representation in • The qualifications and experience needed by the proceedings then provided under a grant a practitioner to provide In-house Practice of aid. services were identified and a permanent The Administration Appeal Tribunal continues staff member was employed to carry this to refer clients who have not yet initiative past inception phase into standard commenced proceedings to Legal Aid WA in service delivery the usual way. We continue to monitor and further develop resources and materials in this field. The Service has definitely been helping from our point of view. People seem to be coming better prepared when they attend Conferences. They also seem to be relieved to be able to access the Service to get independent advice about proposals for settlement of their claim. Barry Johnson, District Registrar, Administrative Appeal Tribunal

21 REFLECTION FROM RECORDS A RESTRICTED YEAR MANAGEMENT PRACTITIONER: KATE PARNELL

As a newly admitted restricted year practitioner (RYP) in the Legal Aid WA has made substantial progress Southwest Regional Office, life has been exciting, towards meeting its business requirements for challenging and certainly quite hectic over the last 5 months. the effective management of all agency records Appearing before the same two Magistrates several times a and documents, both in paper and electronic week, every week, can be daunting - but it also reaps its formats. rewards. A definite highlight of the year so far was recently The Hummingbird electronic records and conducting my first trial - and sitting down with the document management system (DMS) has Magistrate to have a friendly chat afterwards! now been installed at Legal Aid WA. It is currently being used by Records staff and by A typical week involves providing duty lawyer services to other staff within the Information Management clients in Bunbury Magistrate’s Court, as well as travelling branch. Electronic document management out to smaller courts such as Busselton and Bridgetown. functionality will be rolled out across the Then the rest of the week is taken up with casework for agency in the coming months. The system will criminal and family matters, including ADR conferences and be mandatory and is anticipated to have a Magistrate’s Court trials, legal advice bureau and minor major impact on the work practices of all staff. assistance. Needless to say I’m usually exhausted by the Existing non-compliant records repositories, end of the week! both paper and online, will be progressively Anyone who has ‘gone regional’ will tell you that it’s the shut down. diversity of the work and clients that really amazes and The agency has placed a significant emphasis challenges you. I’ve been asked for advice on just about on development of policies, strategies and every topic imaginable across the spectrum of family, civil systems in this area. A complete review of its and criminal law. administrative file system has been completed I find that the most rewarding aspect of working in a regional and a new business classification system has community is helping clients navigate difficult and stressful been approved and partially implemented. All times in their lives, usually in several different areas at once. previously existing administrative files have A typical example of multi-tasking legal advice was my first been closed and new files created in the new ‘file’ client. He was a middle-aged man with serious criminal DMS. Work is now in progress to bring all grant charges pending in Magistrate’s Court, and significant mental application and client representation files into health issues. While he was remanded in custody, I the system. negotiated with his landlord to hold off on pursuing unpaid A training and awareness program has been rent until my client was sentenced, and assisted my client established. As a result, most staff have with his problems with Centrelink. Following his release from undertaken at least introductory training in custody on a suspended sentence, I helped with follow-up records management principles. Newly advice on the tenancy issue, a referral to financial counselling appointed staff are also required to go through and negotiation letters regarding his family law dispute as this process. Information Management and well. It was all made incredibly worthwhile when he went to Records staff have all received additional extreme measures to thank me in person - hitchhiking from training in relevant components of the system. Boyup Brook into Bunbury, and waiting for me at Court for over an hour, just to say thank you. For me, the experience of working in a regional office has been invaluable and highly enjoyable, and one I would strongly recommend to any 22 practitioner!

Kate Parnell GRANTS ONLINE

The Grants Online (GOL) system continues to be expanded and Grants Online - Regional Experience refined for user functionality, GOL has been particularly well received by regional legal firms who undertake Legal efficiency, and design. Aid WA work. One of the first regional areas to incorporate GOL into workplace In terms of its continued practice was Geraldton, and the comments below accurately sum up the general development, GOL has recently consensus regarding the benefits of GOL. undergone major improvements Ms Jan Tracey, who has been the dedicated Legal Aid WA officer for Geraldton, also associated with the website. The comments on the many practical advantages of using GOL in regional areas: home page now presents statistics illustrating the number of “I have been the dedicated Grants Online (GOL) Assessor for over a year now. I have outstanding requests (giving them a found it mutually beneficial dealing with all Geraldton solicitors, specifically the status of saved or submitted), the various problems faced in areas where criminal courts sit on a circuit basis. It became number of requests that have been clear to me that the District Court circuit matters take a lot longer to get to trial than processed in the last seven days, they do in the Perth Metropolitan area, as they continue on a round of Status and the total submitted requests for Conferences with trials eventually listed on a number basis. the year to date. Significant GOL has assisted both myself and the solicitors in dealing with any requests far progress has been made in quicker than using the post service, as sometimes letters can take as long as a week to simplifying and improving the client reach Geraldton and vice versa. The comments made by solicitors in this area confirm search function and the submission this. I have also been able to provide direct contact details to Community Law and payment of tax invoices. The Centres in Geraldton when they need to contact Legal Aid WA in relation to their format of the application form has client’s applications, thus creating a valuable rapport with those service providers”. also undergone extensive Jan Tracey enhancement with the introduction Grants On-line Assessor of intelligent questions. Questions are shown/hidden depending on “The advantages I have experienced with Grants Online are: previous answers. 1. A set contact person at Legal Aid WA to whom I can direct most queries. (Jan, you GOL is presently used by 58 firms, are great!). accounting for 50% of applications 2. Quick turnaround on requests for grants of aid. received from or rostered to private 3. Easy submitting of bills. practitioners, and over 20% of all 4. Prompt payment of accounts. applications received. A further 26 5. Saves on postage and paper shuffling. firms have expressed a current In general, I have found the system to be great and am very happy.” interest in being connected to GOL. Ms Alison Camp It is envisaged that the in-house Solicitor practice and all in-person and postal applications will be incorporated “We have found the system to be extremely successful. Turnaround on grants has into the GOL system. The objective been extremely fast and efficient. We also feel having a designated Assessor has remains to ultimately standardise helped to streamline the system and to build good relationships. Service has been electronic lodgement and make it much improved.” mandatory for private firms who Susan J Ellis undertake Legal Aid WA work (apart Solicitor from the few firms who generate limited number of applications). It is Key Strategy - Service anticipated that all current private Improvement firms will adopt GOL by the end of Extending access to services through 2005. appropriate use of technology, and developing management information systems to promote continuous improvement in the services delivered. 23 Together with enhancement of electronic lodgement and management of applications for aid expansion of merits certification/checklist approach continues to improve response times for practitioners participating in Grants Online and realise substantial efficiencies. VOLUNTEERS

Court Welfare Service Review Committees In 2005, Legal Aid WA nominated the Court Not every person who applies for legal aid will Welfare Service for the Golden Swan Citizen of receive a grant of aid. However, anyone who is the Year Award. This nomination was made in refused a grant of aid can request a recognition of their ongoing contribution as a reconsideration of that decision. If aid is refused voluntary service association. again, the applicant can request that the matter Court Welfare provides a range of services in go to review. It is at this point that the hard work courts throughout Western Australia, including of the members of Legal Aid WA’s Review welfare services, assisting people applying for Committees comes into play. restraining orders, assisting defendants, Reviews are conducted by independent Review assisting Duty Lawyers, and assisting the Committees, consisting of two private legal courts. practitioners who practice law in the relevant Court Welfare Service members have been area and a layperson from the community. There providing voluntary assistance in Western are seven different committees, each of which specialises in a different area. Each committee Australian Courts for over 30 years. In 2005, the Service had 80 members aged between 40 meets 6 or 7 times per year. The members of and 75 years who, on average, assisted around each committee are volunteers and are independent of Legal Aid WA. They play an 700 people per week in Courts of Petty Sessions, Children’s Courts and District Courts extremely important role for Legal Aid WA in in Western Australia. ensuring that appropriate decisions are made in relation to grants of aid. Applicants also In addition to providing invaluable assistance to appreciate the fact that they can attend Review court users, the Court Welfare Service also Committee Meetings and speak to the members provides tremendous logistical support to the themselves. Those clients who are unable to courts themselves and to the Duty Lawyer attend in person are able to put their case by services run by Legal Aid WA. At a busy court a telephone. Legal Aid WA extends its thanks to all single Duty Lawyer will regularly advise and of the members of the review committees for represent in excess of 20 clients before the the services they provide, and congratulates the lunchtime break. The administrative and other most long-standing members, Bruce Goetze, supports provided by Court Welfare to the Duty Gino Monaco and Anne Hawkins. Lawyers are invaluable. Put simply, the Duty Lawyer service and in turn the courts themselves, could not run as effectively or efficiently without the assistance of Court Welfare. This is particularly so with difficult clients who may have to wait some time before being seen by a lawyer and dealt with by the court. The Court Welfare Service also provides valuable assistance to applicants in restraining order matters and to other courts upon request.

24 WORKING WITH LAW STUDENTS

This year Legal Aid WA continued to maintain strong links with the law schools “I have found my time at Legal Aid WA as an Infoline at Murdoch, Notre Dame and the University Advisor to be incredibly rewarding. I have been working of Western Australia. This has proved on the Infoline for the past four years and as an advisor, mutually beneficial - Legal Aid WA benefits provide assistance and information on a wide range on from the assistance law students provide legal issues to the community. This can vary greatly and and the students benefit from the hands on in any one day, I can go from giving initial advice to a experience, training and professional client on a Family Court procedure to referring another development opportunities available. client onto a centre for emergency housing. The experience This year: of dealing with a wide range of legal issues has been great in allowing me to establish a sound understanding of • 275 law students applied to participate many different areas of law and gain a better appreciation in our winter and summer clerkship of the processes involved in the legal system. program. Of these, 25 have been chosen to undertake a 2 week Working on the Infoline has also allowed me to further placement that will provide them with develop my client service skills. At Legal Aid WA, we deal the opportunity to gain practical with a diverse range of clientele and on the Infoline we experience in different areas of the law are often the first point of call for clients, who may be while developing an understanding of distressed or unsure of their legal options. One recent the values and practices of our anxious client called seeking information regarding her organisation. family law matter and expressed appreciation for the • We also continue to employ law helpful service that was provided, stating that the Infoline students on a part-time and casual basis advisor was both courteous and empathetic towards her on our Infoline. These students benefit situation. It is this positive feedback that we receive from from the ‘hands-on’ experience of clients that makes the job even more rewarding. delivering information and advice on In my time as an advisor, the Legal Aid WA environment diverse areas of law to a wide range of has been very supportive, with the teamleaders, clients and gain first hand knowledge supervising solicitors and managers always happy to about our organisation. share their time and knowledge. Overall, working at Legal Aid WA on the Infoline has been an invaluable experience and has served to validate my desire to continue with work of this nature.” Sharni Redfearn, Infoline Advisor

Key Strategy- People Management Developing a workforce with portable skills that respond to new challenges and which values professionalism. We continue to expand the use of law students in the provision of legal services Sharni 25 through winter and summer clerkships as Redfearn, well as employment with the added benefit of Infoline Advisor hands on experience for students. Student Comments about vacation clerkships at Legal Aid WA

“Legal Aid WA offers an excellent introduction to office administration, operational management of incoming work, variety of work duties and an overview of the realities of working in a busy legal office for students who are unfamiliar with a corporate work environment or a government work environment.”

--- “I attended a seminar on “How to manage difficult clients” by Legal Aid WA, for the benefit of the court welfare workers at the Perth Magistrates Court. This was a fantastic seminar. The strategies and techniques discussed by Leah Young and Jane Stewart on managing difficult clients will continue to be with me hopefully well into my time in legal practice.”

--- “Thank you for giving this opportunity. This was one of the best clerkships I’ve had.”

--- “My clerkship with Legal Aid WA has been an excellent learning opportunity. The work was varied, challenging and interesting and the people were always more than supportive, friendly and informative. It was an excellent insight into the organisation’s values and culture.”

--- “Legal Aid WA is unique in providing such early exposure to clients. I have thoroughly enjoyed working with the clients and consider this to be the most important part of a Legal Aid WA clerkship.”

--- “I had a really wonderful and incredibly interesting/eye-opening time here at Legal Aid WA. I feel the rotation I had has given me exposure to a good cross-section of the work of Legal Aid WA and its staff and clients. I have thoroughly enjoyed it all, and really appreciate the opportunity. In terms of suggestions - only that I would have appreciated the opportunity of a brief taste/exposure to the other units/sections of Legal Aid WA that I didn’t get to rotate into, as I realise each section does quite discrete work in different ways.”

--- “I thoroughly enjoyed my time with Legal Aid WA. Gained invaluable exposure and insight into various aspects of criminal practice. The staff in both sections were welcoming and most prepared to guide and assist. Overall, the two weeks here at Legal Aid WA have been fantastic. Staff have been incredibly helpful and have talked openly about cases they have been working on as well as their experiences in law more generally.”

--- “I really enjoyed my time at Legal Aid WA ... You do place a lot of emphasis on the fact that vacation clerks get a lot of work to do, and that it is real work, and this is true - I got some great research work, especially from Youth Law. However, the real benefit of my clerkship was not doing work - just following around solicitors, going 26 to court, sitting in on interviews, reading files etc. This gave me a real impression of what it is like to work at Legal Aid WA ... The people in both sections were fantastic also. Everybody is very busy, however, people always found time to talk to me, give me advice, explain things to me. Thanks for giving me the opportunity to have this experience!”

--- SECTION 3 REPORT ON OPERATIONS

27 CRIMINAL LAW SERVICES

People charged with or convicted of criminal Children’s Issues offences can access a range of Perth based The representation of children on criminal matters requires and regional criminal law services, including specialised skills. In addition to legal representation, it also legal representation, Duty Lawyer assistance, encompasses a detailed understanding of welfare, mental Prison Visits, Minor Assistance, Legal Advice health and multicultural issues. Lawyers who act for children Bureau, and the telephone Infoline to resolve in the criminal justice system must also be skilled in their legal problems. addressing the particular and special needs of children as Casework clients. Our Youth Law Team is a specialist team with five lawyers who provide representation for children on criminal Where an application for legal aid is successful, matters. a client will be allocated an in-house practitioner or private practitioner to conduct Most matters require representation at a superior court level their case. Legal Aid WA’s in-house criminal law before the President of the Children’s Court. Many involve practitioners work in the Criminal Law Section complex issues, including appeals and psychiatric defences. and Youth Law Team at the Perth office and A Duty Lawyer service is provided in the Perth, Joondalup also at the regional offices throughout the and Midland Children’s Courts. In the past year, Legal Aid WA State. Practitioners represent clients in all extended its Duty Lawyer service to the Mandurah Children’s criminal jurisdictions for pleas of guilty, trials Court. The Duty Lawyer is in attendance on the first Monday and appeals. of every month. If on-going grants of aid are required, they

1,600 1503 CRIMINAL LAW APPLICATIONS GRANTED BY MATTER GROUP 1,400

1,200

1,000

800 751 721

600

445 393 400 379

272 283

200 167 159 121 78 67 46 30 1 0

28 Related Offences Robert & Extortion Dishonesty Offences Assaults (excl Sexual) Other Criminal Matters Arms & Other Weapons Procedure & Good Order Offences Against Person Drug & Related Offences Offences Against Justice Possession of Stolen Goods Unlawful Possession of Fire Offensive Behaviour Offences Rape & Other Sexual Offences Prostitution & Related Offences Handling, Receiving & Unlawful Motor Vehicle, Traffic & All Othe Traffic Motor Vehicle, Burglary, Stealing, B&E and Other Burglary, Fraud, Misappropriation & Deception Offences Against The Person - Homicide Environmental & Property Damage Offences are then assigned to other Youth Law team members for Case Study future representation. Every second Friday intensive legal A recent case of interest dealt with by the Criminal advice and representation is provided to young people Law section involved a client suffering a first episode participating in the Drug Court programme at the Perth of psychosis triggered by paranoid schizophrenia. The Children’s Court. A Duty Lawyer will visit Juvenile Detention client was charged with armed robbery after using a Centres to take instructions and give legal advice. replica pistol to hold up a bank. The robbery was Mentally Impaired Defendants related to the client’s belief that the whole incident would be captured by the bank’s security cameras Legal Aid WA continues to provide a dedicated solicitor to which he believed were linked to other surveillance represent mentally impaired defendants. The solicitor devices monitoring his life. He was also charged with represents clients in the various criminal jurisdictions, traffic and police charges a few weeks earlier when he including the Magistrates Court and the District Court. The drove to Channel 10 studios demanding to know why Intellectual Disability Diversion Program is a joint initiative his life was being monitored by the media. between the Department of Justice and the Disability Services Commission. The program looks at specific needs Psychiatric reports indicated that this man was so and goals of a person with an intellectual disability setting out unwell at these times that he had lost the capacity to a program for the person to complete. The solicitor has control his actions and could not understand that his maintained an ongoing relationship with the Disability behaviour was wrong. By the time he was granted aid, Services Commission, various hospitals and the courts. This he had been remanded in custody and was being ensures that clients are provided with appropriate treated in a secure mental health institution. representation and ancillary services His lawyer from the Criminal Law section negotiated with the police over the traffic and police charges and Duty Lawyer and Prison Visiting Services the Prosecuting Division agreed to withdraw those Duty lawyer services are provided in Magistrates Courts and charges given that this was the client’s first episode of Children’s Courts by in-house lawyers and private psychosis, he had no previous record of convictions practitioners. They provide legal advice and representation on and was now undergoing intensive psychiatric a range of criminal and traffic matters, dealing with pleas of treatment. guilty, adjournments and applications for bail. Duty lawyers Negotiations with the Director of Public Prosecutions also provide advice on pleas of not guilty, however they do in relation to the bank robbery were naturally more not provide representation at subsequent hearings. complex. A conviction for armed robbery would This service is provided on a daily basis at the Perth Central normally result in a term of imprisonment, even for a Law Courts, the Video Link Court at Hakea Prison and on set first offender. A finding of not guilty due to insanity days at the Fremantle, Armadale and Joondalup Courts. A would result in a custody order. In practice, a custody staff lawyer attends the Joondalup Family Violence Court order generally means an indefinite stay in a maximum each Tuesday to represent defendants charged with offences security prison subject to an order from the Governor. relating to family violence. The Duty Lawyer Service The client spent a long period of time in a secure continues to provide a service at the East Perth Court on mental institution before he was eventually released Saturday mornings. on bail to return home under the supervision and Paralegals visit Acacia, Bandyup, Casuarina and Hakea treatment of his psychiatrist. His improvement was prisoners each week. A staff lawyer visits Boronia on a slow but steady and ultimately the Director of Public monthly basis. Other prisons are visited upon request. Prosecutions agreed that they would accept a plea of Regional offices provide services to regional prisons. guilty on the basis that his capacity to control his actions at the relevant time was severely impaired and that it was not appropriate to imprison him. The Supreme Court placed him on a two-year Intensive Supervision Order with conditions that he maintain his psychiatric treatment. Several months later, the client’s social worker reported that he had made significant progress under a new medication regime, was still living at home and 29 had returned to work for the first time since his first psychotic episode. FAMILY LAW SERVICES

Drug Court People affected by family law matters can The 2004-2005 period has seen significant changes access a range of Perth-based and regional occur in the Drug Court and major changes for Legal Aid services to resolve their legal problems WA’s Drug Court Unit to embrace. The promotion to the through both litigation and non-litigation District Court Bench of Judge Julie Wager signalled the alternatives. Services include legal end of an era for the Drug Court and the beginning of a representation, the Infoline, Legal Advice new period for all those involved with the Drug Court. Bureau, Minor Assistance and publications. Specialist advice and assistance is also The Drug Court is bigger than its individual team available for child support and domestic members but the role played by Judge Wager was an violence matters. A new service, the Legal Aid exceptional one. She has been the driving force of the WA Family Court Service was introduced Drug Court since its inception and has guided the Drug during the year. The service is based at the Court through many obstacles and is largely responsible Family Court of Western Australia and provides for the success that the Drug Court enjoys today. a duty lawyer service as well as advice, minor Legal Aid WA’s Drug Court Unit comprises of two assistance and referrals. lawyers and a paralegal. The Drug Court Unit is dedicated to the provision of legal services to the Drug Casework Court program which is currently running out of Court Family law applications for legal aid include 55 in the Central Law Courts in Perth. requests for representation in the Family Court, the Children’s Court and the Magistrates Legal Aid WA maintains its policy of rotating lawyers Court. The types of proceedings are varied and through the Drug Court - this continues to work well and include matters involving separate exposes lawyers to the workings of a Court that representation of children, child welfare, practices in the area of therapeutic jurisprudence. property and restraining orders. Consistent The task of the lawyers within the Drug Court Unit is to with the total number of applications for legal provide advice and representation to defendants aid received in 2004-2005, the number of appearing in the Drug Court. This is done in the family law applications decreased by 3% traditional manner in Court, as well as during Drug Court compared to the previous year. Despite the team meetings, which is something unique to this decrease in applications, the number of grants specialised Court. of aid approved increased by 2%. The profile of those defendants who are currently seeking assistance from the Drug Court has also Children’s Issues changed dramatically. The recent introduction of the Pre- Child representation is provided to children in Sentence Order has seen those asking for inclusion both Family Court proceedings and in onto a Drug Court programme coming to the Court with Children’s Court care and protections more serious offences and more complex personal proceedings. circumstances. This change in the “Drug Court client” The Family Court appoints a child has seen the role of the Drug Court lawyer expand with representative when the parties raise serious the taking on of a higher number of District Court pleas. issues that affect the welfare of a chid. The The paralegal continues to provide necessary back up to child representative is appointed to promote the lawyers in many ways, including the taking of the best interests of the child. All child instructions and the performance of various tasks in the representatives receive specialised training and office, which cannot be undertaken by the lawyers while Legal Aid WA has two senior lawyers working they are in Court. A further important role of the exclusively in this area. The child paralegal is the presentation of the Drug Court representative is not bound by any information Information Session, which is compulsory for all or direction given by the child. In gathering the defendants. relevant information, the child representative will liase with relevant stakeholders, which Legal Aid WA’s Drug Court Unit still remains a vital could involve government and non-government component of the Drug Court, as the vast majority of 30 defendants come to the Drug Court unrepresented. The increased seriousness and complexity of matters that are now coming before the Drug Court signals both a challenging and exciting time ahead for those involved with the Drug Court. Case Study Applications for legal assistance in care and protection matters normally commence with a grant of legal aid for advice and investigation and for negotiations with the Department for Community Development (“the Department”). This occurs after a child has been apprehended by the Department agencies, health practitioners, educational institutions and any because the Department has ascertained the child is other organisation with which the child is involved. In some in need of care and protection. The reasons for these circumstances the child representative may arrange for further apprehensions vary enormously. In may cases there investigation by an appropriate expert such as a child is merit in some of the allegations being made and psychiatrist, child psychologist or a social worker. Part of the the solicitor’s role is to represent the client and assist child representative’s role is to encourage parties to take part in them to work with the Department with a view to alternative dispute resolution strategies. This could involve having the children returned or to negotiate a consent participating in late intervention mediation conferences when a order. Legal Aid WA very rarely funds trials to fight matter is due to proceed to trial. In 2004-2005, Legal Aid WA care and protection applications because the approved 247 grants of aid for child representatives in Family Department’s case usually has sufficient merit to Court proceedings. warrant the application. Sometimes, however, the In the Children’s Court, the child representative acts on the Department gets it wrong. instructions of the child. The child must be of an age to Such was the case with the apprehension of R. He understand the meaning of care and protection and be able to was a twelve year old boy with a borderline instruct their legal representative. The child representative intellectual disability, a huge imagination and a attends all pre-hearing conferences to try to resolve the matter propensity to tell stories. One day on the school bus without a trial. At trial, the child representative appears for the he told a girl he wanted to impress he was being child and ensures that the child’s legal position is made known abused by his father. The girl told her mother, the to the Magistrate or Judge. In 2004-2005, Legal Aid WA mother told the school, the school told the approved 33 grants of aid for child representatives in Children’s Department. R was interviewed and as a result of the Court proceedings. interview R was apprehended and placed in foster care. R later withdrew his statement about the sexual abuse to the police, to a Departmental psychologist, and to his grandmother. 1,573 1,600 The psychologist could not find conclusively that the FAMILY LAW APPLICATIONS father had either physically or sexually abused R. GRANTED BY MATTER GROUP Likewise, a medical examination of R also found no 1,400 evidence of abuse. Nor was there any evidence of R ever having complained previously to any educational or health professional of any form of abuse. 1,200 R’s father, who was represented by the family law in- house practice, denied the allegations. He was supported by his wife, his family and his landlord 1,000 neighbour, who viewed R as a grandson. All reported R’s parents as being caring and having been heavily involved over the years attending to R’s intellectual 800 and physical needs. 696 Despite R withdrawing his allegations and the psychologist’s report, the Department did not want to 600 return R to his family. R was attending a new school and did not want to return home to his old one where he had been held back a year and suffered teasing. 400 Legal Aid WA agreed to fund solicitors for both of R’s 280 231 235 parents and for a child representative at the trial. 197 200 Negotiations continued to take place with Department but to no avail. The court found in favour of the parents and R was collected by the parents the 2 5 2 10 afternoon of the decision. R’s parent’s enrolled R in a 0 new school with a similar programme to that he was 31 undertaking during his period of apprehension. His

Relocation parents undertook to ensure he received counselling Enforcement Maintenance Child Support and undertake a protective behaviours course. The whole exercise was a new and valuable Child Representation Residence & Contact Family Matters - Other Contempt & Dissolution experience for the Family Law Unit. Care & Protection/Wardship Property Settlement/Injunctions CIVIL LAW SERVICES

Civil Law Immigration Advice and Application People affected by civil law matters can access a Assistance Scheme range of Perth based and regional advice and self- For over 10 years Legal Aid WA has successfully tendered help services, ranging from Legal Advice Bureau to the Department of Immigration, Multicultural and and Minor Assistance services through to Indigenous Affairs to provide migration, legal advice and publications and our Infoline. application assistance to clients. Grants of legal aid for representation in civil law This year we provided application assistance to clients in matters are extremely limited. Our in-house the community, and in the immigration detention centre at lawyers provide some representation on criminal Perth Airport. Advice and application assistance has been injuries compensation claims. State grants of legal provided across a broad range of visa types, including aid are usually confined to ‘disbursement only’ close ties, spousal and protection visas. Assistance has grants for medical reports on personal injury or been provided to clients appealing to the Migration criminal injury compensation claims. Review Tribunal and to the Refugee Tribunal. Commonwealth grants of legal aid allow for We have continued to provide significant support and representation for a small number of immigration assistance to clients who have arrived in Australia on appeals. We also provide representation in line spousal visas and have been subject to domestic violence. with contracts with the Department of The domestic violence provisions in the Migration Act Immigration, Multicultural and Indigenous Affairs. allow these clients to apply for permanent resident in their Social security issues, including both civil and own right. Legal Aid WA works closely with community criminal aspects, have been identified as an area of groups, refuges and government agencies to provide high need. Following on from the completion of a information, education and advice to these clients and successful project to establish an integrated social their support workers. We also provide talks to various security practice, staff resources have been community groups on a variety of migration law issues, allocated to provide a dedicated resource for including domestic violence and asylum seekers. delivery of services in this area. A growth in minor assistance services as well as case representation Department for Community Development in this area is anticipated. Matters A new service is the provision of independent legal advice to individual persons in cases of substantiated abused whilst the person was a child in the care of the Department. Funding has been provided by the 300 Department for Community Development for the CIVIL LAW APPLICATIONS provision of that advice. Just over 100 matters have been GRANTED BY MATTER GROUP referred in-house for advice under the initial arrangement. 242 250 Further matters have been referred to private lawyers. There are a further 120 cases requiring independent advice.

200

150

100

56 49 50

15 32 3 6 3 0 Contracts Public Interest Personal Injury Administrative Law Property (Civil Law) Professional Negligence Matters Following Death CLIENT SERVICES

Our Client Services section is the main entry point for people seeking Legal Advice Services assistance from Legal Aid WA. Clients can access legal information, Clients can make appointments for legal advice in a advice, assistance with document drafting and court preparation and range of family, criminal and civil law matters. referrals to other agencies in the event that Legal Aid WA cannot assist. These appointments may be conducted in person, Frontline Services at various places around the State, or they can be via telephone or video conference. Frontline Services incorporates the Infoline and the Front Counter of Client Services. The demand for legal advice continues to be high, across all areas of law. Client Services continues to Infoline target its legal advice services to people who are The Infoline offers a dispute resolution service to callers throughout most in need, by reference to financial means, and Western Australia who are seeking legal assistance. A caller to the also by focussing on clients who are in a position to Infoline can expect to be provided with a range of options to help resolve their own situation with appropriate legal them find the best possible solution for their legal issue, such as legal guidance and support. information, a referral, initial telephone legal advice, making Where Legal Aid WA does not have the capacity to appointments for legal advice or to see some one in our minor assist clients with legal advice, clients are referred assistance program including limited appointments via video link in to a range of external services. In 2004-2005, Client some limited regional areas. Services worked with Development Services on The Infoline is staffed by experienced paralegals who come from a updating and improving the Referral Database, range of community-based backgrounds. Some are undertaking which is an important source of information about relevant studies such as law and justice studies while others are options available to clients seeking assistance. currently studying a University Law Degree. The Infoline provides an This year, Legal Aid WA provided 22,140 occasions opportunity for law students to experience working in a fast paced of advice services, a 13.58% decrease from last legal environment with hands on client work complimenting their year. studies. Access to Legal Aid WA’s Legal Resource database ensures each caller Minor Assistance Program - Helping receives up to date and correct legal information relevant to his or her Self-Represented Litigants legal issue. All legal advice is provided under close supervision by a This year, Legal Aid WA continued to provide its Senior Solicitor and calls are regularly monitored by Team Leaders. Minor Assistance Program, a service designed to help clients deal with and progress their own legal Statistics matters across a range of family and civil law areas. In 2004-2005 the Infoline received 71,420 calls, a slight decrease of The Minor Assistance Program is an important 2% compared to 2003-2004. service option available to clients who are not The overall average call length decreased to 8.08 minutes in 2004- eligible for a grant of aid for legal representation. 2005 compared to 8.31 minutes for 2003-2004. 46% of all calls were Assistance is provided by solicitors and paralegal answered immediately and 69% of calls were answered within three advisers, who may draft letters and documents, minutes, the average wait in the queue was 92 seconds. help a client prepare to represent themselves in Approximately 38% of all calls to the Infoline are family related, 44% court and negotiate their way to settling a legal were crime and civil related and 18% were administrative calls. Of dispute. these, the Infoline was able to resolve 75% of calls with information or Minor Assistance was mainly conducted in person advice, publications and self-help materials and provided 25% with a at various locations around the State. However, as referral to community based organisation. we aim to be able to offer minor assistance The majority of calls were seeking information on contact, property wherever a client might be, we also used settlement, residence, assault, driving and traffic offences, contract, telephone, email, mail, fax and videoconference debt owed by client and unlawful/unfair dismissal. facilities to provide services to clients who were unable to attend appointments in person. Front Counter Over the past year, Legal Aid WA provided 6 067 The Front counter is staffed by paralegal advisers who provide a range minor assistance appointments across the State of services to people who attend in person. A person can expect to be representing a 11.86% decrease in service delivery provided with the same legal advice and information they would over the past 12 months. 33 receive from the Infoline. The Front Counter staff filter general enquires, book and check in clients attending legal appointments in the Client Services section, assist people with Legal Aid WA application forms and where appropriate refer people to non-legal services as required. REGIONAL SERVICES

Legal Aid WA provides a range of legal Challenges services to regional, remote and rural areas of One of the key challenges in the provision of regional services Western Australia. Those services are provided is to improve services where there is a conflict of interest: in a number of ways – through the State-wide conflicts present ongoing problems for regions with limited Infoline, through legal advice and minor service providers. Even where there is a Community Legal assistance provided from head office in Perth, Centre, there are often only a few other service providers for through family law alternative dispute people seeking assistance. Thus the party which gets in first resolution conferences, and through the seven to the Legal Centre gets advice and assistance and the other regional offices based in Bunbury, Broome, party quite likely misses out or, even if they do get telephone Christmas Island, Fremantle, Kalgoorlie, advice, effective follow up assistance may well be Midland and South Hedland. problematic. It is hoped that the opening of the new regional There have been a number of significant offices servicing the Midwest and Gascoyne and the Great developments in the provision of regional Southern areas will assist in addressing this problem. services during the past year, including the An ongoing challenge is always to meet the growing demand following: for services in regional areas. This is compounded by the • Preparation for the establishment of the variety of problems faced by regional offices when providing Midwest and Gascoyne regional office in services. Those problems include distance, language Geraldton and the Great Southern regional problems, clients with special needs, a lack of legal services office in Albany and conflicts of interest. Again, it hoped that the opening of • Consolidation and expansion of the the new regional offices will assist in meeting the growing Wheatbelt Outreach Service; demand for services and in addressing these additional • Continued expansion of the use of problems. technology services in the country including video links with regional staff and video conferencing with staff and clients; • Greater emphasis placed on the provision of Commonwealth law services, particularly family law; • Encouragement of the rotation of junior lawyers through regional offices; and • Embarking on a project, in collaboration with the Law Society of Western Australia, Aboriginal Legal Services of WA and the Association of Community Legal Centres (WA), to address the problems facing lawyers in country Western Australia.

Key Strategy - Communications Implementing strategies that ensure open and clear communication about our services with our customers and the community Critical services including telephone, fax, 34 email and postal services are provided by the Perth office for clients in regional areas who are unable to be assisted through local offices or agencies. Clients can make an appointment with the Perth office to discuss their legal issues through the range of communication services available. Case Study Profile: Tanya Wotherspoon - An interesting case facing the South Supervisor, Broome Office Hedland team during the year involved Tanya has a long history with Legal Aid WA. She first began working for representing a client who was charged Legal Aid WA in October 1989 as an administrative officer and was with robbery in circumstances of appointed office supervisor after 12 months. Tanya took parental leave in aggravation. This is a potentially very 1993 and subsequently resigned in 1995. She briefly tried working in serious charge. A person who is found private practice but soon returned to Legal Aid WA’s Broome office. She guilty of this offence faces a maximum was again appointed the Office Supervisor of the Broome office in April penalty of 20 years’ imprisonment. 2003. Tanya has lived in Broome since she was 19, which almost makes The client, an aboriginal man, was driving her a local, and she can’t think of anywhere better to live! She loves the with his family on his way to his small town environment of Broome, the beaches, the proximity of daughter’s birthday party, when he saw everything which means it takes five minutes to get to work in the some tools by the side of the road. He morning and the pace of life which is just that much slower than it is in noticed a number of people drive past, Perth. stop to look at the tools and drive off Tanya’s current role involves providing paralegal services as well as again. The client decided to pick up the supervising other staff and general administrative duties. There is a real tools and put them in his car. mix of work taken on in Broome. The majority of casework involves After he had collected them, a young criminal matters but the advice given to clients also covers family employee of the company who owned matters and civil matters, from defamation to debt, tenancy to criminal the tools came by and said that the tools injuries compensation. Tanya also often finds herself undertaking jobs might belong to his company. The client that are not quite within her job description - it is not uncommon to find allegedly told him “finders keepers” and her catching blue tongue lizards, dealing with bee infestations or chasing drove off. The owner of the tools alleged small birds around the office. that the client hit him when he made this Tanya considers that Broome has its own particular challenges because it comment. The client denied this. is such a small town and because of its isolated location. Most legal When he returned home, the client left advice provided to clients has to be provided by telephone because of the tools on the verandah of the local the remoteness of many of the clients. As a result there is little face-to- community house. face legal advice provided, except for criminal matters at court. This can cause problems, particularly with indigenous clients, who may have The client was charged with robbery in language difficulties, are not comfortable on the telephone and who circumstances of aggravation. The simply wait until a problem is huge before seeking advice because of the offence of robbery involves stealing difficulties involved. The office often has many problems with conflicts of something and using violence to obtain interest, as they are the only legal office in town that provides legal the thing. The offence is committed in advice for a nominal fee, apart from the Aboriginal Legal Service. circumstances of aggravation if the offender does bodily harm to any person. Tanya loves working in a small office because “everyone does everything Stealing involves taking something with and everyone is exposed to everything”. She is continually surprised by an intent to permanently deprive the clients, and has even gone shopping for suitable court attire for them. owner of the thing. She loves the people she works with and the view of the bay from the office window. Mostly, she loves the benefits in working for an When the matter went to trial, the lawyer organisation where she can help argued that the client was not guilty of people and make a difference. robbery because he was not guilty of stealing the tools. The client insisted that Her colleague Janie Gibbs says, he never meant to permanently deprive “Tanya is much loved. She has a the owner of his tools. The lawyer argued fantastic sense of humour mixed that leaving the tools on the verandah of with absolute and total the community house was proof of this dedication to her work. She is intention. The jury agreed and the client the backbone of the office and was found not guilty. makes sure that everything runs smoothly and everyone is kept 35 happy. She is extremely supportive and encouraging to all staff.”

Tanya Wotherspoon DOMESTIC VIOLENCE LEGAL UNIT

Family and domestic violence is an issue that affects many in the The Domestic Violence Legal Unit is also actively community and cuts across all areas of the law. Often domestic involved in law reform and policy issues. The Unit violence can be hidden or masked, due to fear, embarrassment, made a significant contribution as one of the lack of recognition and minimisation of what is occurring. In principal stakeholders for the Acts Amendment recognition of the devastating affects of domestic violence and (Family and Domestic Violence) Amendment Act its insidious nature, Legal Aid WA has specific strategies for 2004. The Unit also initiated a project with the screening, identifying and responding to family and domestic Department of Public Prosecutions for prosecutors violence and domestic violence matters receive a very high to actively consider seeking restraining orders in priority. criminal offences when offenders are sentenced. This project culminated with a specific process for Legal Aid WA also has a commitment to funding Family Court prosecutors to seek restraining orders for victims in cases involving family and domestic violence and providing criminal matters being contained in the new 2005 advice, support and representation to victims of violence with ‘Prosecution Policy and Guidelines’, released in restraining orders. A major part of that commitment is the June 2005. funding of a specialist Domestic Violence Legal Unit within Legal Aid WA. The Unit provides: The Unit continues to be committed to a collaborative approach to addressing domestic • A Duty Lawyer service at the Perth Magistrates Court each violence. The Unit has maintained its strong day, to help women with initial restraining order applications networks with Women’s Refuges, the Police, the • Legal advice, both in person and on the telephone in relation Courts, the Department of Justice, the State Family to restraining orders and domestic violence related matters and Domestic Violence Unit, Amnesty International • Representation in defended restraining order hearings and other community and government agencies. As • Initial counselling, safety planning and support from a qualified part of this collaborative approach, the DVLU has counsellor continued its involvement in DVAS Central, a multi- • Initial advice on family law issues to do with children agency co-located domestic violence support • Referrals to other relevant services service and provides a lawyer to the centre on one In October 2004, the Domestic Violence Legal Unit marked its afternoon per week. 10th anniversary by holding a forum on Family and Domestic Training workers from agencies who may deal with Violence, Human Rights and the Law. The forum looked at the clients in situations of domestic violence, is another (then) pending new restraining order legislation, particularly in integral part of the Unit’s services. During the past relation to the impact of violence on children and the concept of 12 months, the Unit was one of the principal, if not ‘emotional abuse’. The forum was opened by His Honour Chief the principal provider of training on the new Justice Malcolm, who praised the work of the Unit and its staff. restraining order legislation. Speakers included Her Honour Judge Martin from the Family Court of Western Australia, Deputy Chief Magistrate Woods, The Unit has also pursued the issue of training on Family Court expert Dr Phil Watts, and academic and researcher dealing with domestic violence clients for all Legal Dr David Indermaur. One of the highlights of the forum was Ms Aid WA staff. To this end the Unit has provided Roia Atmar speaking about her experiences of the legal system training to all articled clerks, Client Services and in relation to the domestic violence that she and her children new Family law staff and hopes to have a policy had suffered. endorsing mandatory training of all Legal Aid WA staff in the near future.

Key Strategy - Communications DVLU unit at Implementing strategies that ensure open and anniversary clear communication about our services with celebrations our customers and the community Continuing education of staff in community 36 organisations and government agencies in dealing with domestic violence and this year emphasis on the new restraining order legislation CHILD SUPPORT LEGAL UNIT

Child support is an issue that touches many Western Australian Case study 1 families. If parents feel that the child support system is not working A mother came to the Child Support Legal Unit fairly, it can cause stress and have the potential to negatively impact on for help with getting a fair level of child the relationship they have with each other and their children. Although support for her 3 children. Her husband had some people deal with child support without difficulty, many others find been living in Australia and paying child the child support system confusing. Often there are things that either support based on his income of about $90,000 parent can do to make sure that the child support system is working pa. The husband left Australia to move more fairly but they are unaware of what to do, or need help to do it. overseas where he had no job. The mother Legal Aid WA has a specialist Child Support Legal Unit that helps believed that her husband had left Australia people with child support matters. We help people sort through the mainly for the purpose of avoiding paying child sometimes confusing processes involved with child support and related support. Our Unit was able to advise the Centrelink requirements. Our Unit is independent of the Child Support mother that the country the father had moved Agency and helps both people paying child support and people seeking to had a reciprocating agreement with Australia or receiving child support. We can help with: for child support. The mother applied for child support and the husband was assessed to pay • Legal advice the minimum of $5 per week as he had no • Talking to the other parent income. Our Unit then assisted the mother to • Writing up, varying or discharging agreements apply to change the assessment on the basis • Preparing documents that the husband had an income earning • Proving who is the father of a child through DNA testing capacity. The application was successful and • hearings at the Child Support Agency and Family Court the husband had to pay child support from • Getting child support where the children are over 18 overseas on the basis of him having an income • Getting child support where a parent is overseas of AUS $90,000 pa. If the Unit has already seen one parent, we can arrange for the other parent to get legal advice and help from somewhere else. Mothers on Case study 2 Centrelink benefits are required to take action to get child support A father who had been unemployed for the otherwise they have their payments reduced or cancelled. We can also past 3 years had recently obtained a high help these mothers by paying for the DNA testing to prove who is the paying job overseas. There were substantial father of their child. arrears of child support despite the fact that Part of the service is to also provide weekly information ‘forums’ to the man had been unemployed as he had not those receiving or seeking child support. These forums cover important sought to change his previous child support information about the how the child support system works and what to assessment. When the man went to board his do if you are not receiving a fair amount. Feedback about the forums is flight to go to his new job, he discovered that always extremely positive. the Child Support Agency had got a Departure Prohibition Order stopping him from leaving The Child Support Unit works closely with other agencies to train and Australia until he paid the arrears. The man educate workers and the community about child support and the sought help from the Child Support Legal Unit. services we provide. In the past 12 months we have conducted The Unit helped the client appeal the Agency’s outreach to the Pilbara, Kimberley, Great Southern and Bunbury areas. decision to stop him from travelling overseas We have also provided training to Centrelink, women’s refuges, and assisted him to successfully reduce the financial counsellors, Community Legal Centres and young women’s arrears to an amount reflecting the fact that he groups. had been out of work. The result enabled the At the invitation of the Jayida Burru Abuse and Violence Prevention client to take up his employment and start to Forum and Ngunga Women’s Group a paralegal from the unit attended pay child support and back pay the reduced a Kimberley Aboriginal Women’s Bush Meeting with the Child Support amount of arrears. Agency to talk about child support and Centrelink issues. The presentation was very successful and as a result of subsequent networking a number of local Aboriginal agencies were identified as contacts through which Aboriginal women (many of whom might not have their own phone) could telephone the unit for assistance. 37 In 2005, the Unit made submissions to the Commonwealth Government’s Task Force on Child Support. In June 2005, the Task Force released a report called ‘In the Best Interests of Children – Reforming the Child Support Scheme’. It is not clear yet whether the Government will accept and implement the recommendations in the report. If they do, this will result in major changes to the way child support is calculated. ALTERNATIVE DISPUTE RESOLUTION UNIT

Legal Aid WA offers an Alternative Dispute Resolution (ADR) Training program to people who are experiencing family law disputes Training and supervision to be provided will as an alternative to legal action. The aim of the ADR program satisfy and exceed the requirements of the is to assist as many family law clients as possible to achieve Family Law Regulations 60 and 61. These fair and durable agreements by expanding access to our regulations specify a minimum qualification, a services and better managing the client process. minimum number of training hours and People with a dispute about children, property or child minimum number of supervision hours. The support matters that do not come under the responsibility of objective of the training and supervision is to the Child Support Agency are given the opportunity to receive promote ‘self reflective’ practice by all independent legal advice and to attend an ADR Conference practitioners. The training in new skills and the chaired by an independent experienced practitioner who will capacity to review one’s own practice will try to help them reach an agreement about the dispute. mean that practitioners will learn to continuously monitor their own performance. Results Two 2-day training courses for active Over 450 family conferences were held in Western Australia chairpersons were held in May, June and July during 2004-2005. These were conducted using a variety of 2005. means including face-to-face, shuttle, telephone and video link up. An increasing number of conferences involved third Evaluation - “Community of Practice” parties including grandparents, child representatives and other (CoP) major people in the lives of the separating families that used During 2004-2005, the CoP established among the service. Chairpersons continued to develop. One of the Agreement was reached in 89% of the conferences. key developments of the CoP was the launching of the CoP website. Although still in Rural Offices the early stages of development, the website In line with our move to offer the ADR program to regional is providing members with the ability to and remote communities, the training of regional lawyers and exchange and gather information and provide chairpersons has continued throughout the year. With the feedback on ideas for practice, knowledge and imminent opening of Legal Aid’s Dispute Resolution Centres service delivery. When fully implemented, this in Geraldton and Albany, the ADR program is expected to tool will provide ongoing opportunity for expand even further offering greater alternatives to regional evaluation, and dovetail with the vision of clients. continuous improvement. Continuous Improvement Emphasis Reaching Out into the Community This year, the program continued to expand though not as The ADR Unit has involved itself in a number of dramatically as in past years. The emphasis has been on activities during the year including: training to increase the quality of the program by • Sponsorship of the Schools Conflict consolidating and increasing the knowledge and skills of all its Resolution and Mediation (SCRAM) staff and panel members. The ADR Unit has employed two • Hosting of the Leading Edge Alternative experienced clinical staff - (1) a senior mediator and (2) a Dispute Resolvers (LEADR) accreditation clinical services co-ordinator. Both work with the Solicitor in video assessments Charge and other ADR staff. The need for clinical expertise • Delivery of training to various outside becomes greater each year as families struggle with more services including the Family Court and more complex dynamics and challenges. Counselling and Mediation Service and Community Legal Centres • Participation in the Family Relationship Centre Workshop in Perth in June 2005 • Participation in the national Legal Aid PDR Forum in Brisbane • Hosting interstate visitors including 38 Commonwealth Attorney Genera’s Department, Victoria Legal Aid office and the Law Council of Australia COMMUNITY LEGAL CENTRE FUNDING

Case Study 2004-2005 was the first year of operation of the State Community The family law ADR solicitor represented Mr Legal Services Program. The State government provided recurrent B for an ADR conference for children and funding for a new centre in Peel, a new outreach service in matrimonial property issues. The parties had Gascoyne operating out of Geraldton Resource Centre, a new separated after being together for almost 20 Domestic Violence Network (with services in Gosnells CLC, CLAC years. at Fremantle and SCALES in Rockingham), a new holistic legal service at the Mental Health Law Centre, additional funding for At the commencement of the ADR process, the Consumer Credit Legal Service and a new bush lawyer relations between the parties were strained outreach service at the Environmental Defender’s Office WA. although they tried to be polite and civil ‘for the sake of the children’. Matrimonial It has been a very successful and productive year for the new property issues can cause difficulties State services. The Attorney General, Jim McGinty, MLA because of the financial issues involved. launched the new premises of Mental Health Law Centre in Likewise, there were shared care issues to November 2004 and then attended the official opening of Peel be negotiated. Community Legal Services in December 2004 at the centre in Mandurah. Both of the solicitors and the chairperson were amiable and positive throughout the Work continued on a new service agreement, to be used for both conference and the negotiation process. The Commonwealth and State funding. The new agreement will be parties visibly relaxed during the conference implemented in 05/06 and will run for a 3-year term. The data and started communicating spontaneously system used by all centres (Community Legal Services with each other. The matter settled on a high Information System - CLSIS) underwent an upgrade in 2004 and a note, both happy with their compromises. new centre reporting tool (the Data Query System - DQS) was implemented. Three months later, the solicitor who represented Mr B ran into him in Perth CBD. He and Mrs B and the children were in town on an outing together. All looked very relaxed and happy and Mrs B readily came up and SPECIAL FUNDING said hello. No, they had not reconciled, but they commented that the ADR conference process had enabled them to iron out their communication difficulties. It is not often as Crime Corruption Commission a family lawyer that you end up with both The Corruption and Crime Commission (CCC) was established your client and the other party happy to see under the Corruption and Crime Commission Act 2003 on 1 you, let alone speak to you. It is the potential January 2004, to reduce the incidence of corruption and for such a situation to occur that makes misconduct in the public sector, as well as having limited being an ADR solicitor so rewarding at times. functions with regard to organised crime. Legal Aid WA receives funding from the State Government for serving and former public officers called as witnesses or served with notices or summons’ by the CCC or the Parliamentary Inspector. The Fund is still in its infancy and continues to be open to Key Strategy- Customer applications. Service Finance Brokers Development of strategies to ensure equity of Legal Aid WA continues to administer the fund provided by the access to services regardless of regional and State Government to finance litigation instituted by investors time constraints seeking to recover losses incurred in failed finance brokers matters. The continuing expansion of the Alternative Dispute Program into regional offices and the An action commenced in the Federal Court of Australia has been 39 use of telephone and video conferencing settled for a large sum of money and on terms favourable to a technology offer real options to many clients syndicate of twenty investors. Two court actions have been who are involved in family disputes. discontinued after counsel advised that there were no reasonable prospects of recovery for the investors involved and litigation in nine other proceedings in court is continuing. Some other syndicates are still investigating preliminary matters before deciding whether or no to commence actions. DEVELOPMENT SERVICES

Internal and External Resources Kits, Manuals and Information Sheets A core function of the Development Services In addition to the legal content of the database, around 54 Unit is to develop and maintain knowledge resources are produced to support service delivery, including resources for internal users and for the public. manuals, training materials and information sheets to support To this end, it manages a large number of legal advice and information services. All internal resources public web-based materials, databases, kits and support materials are made available to not-for-profit and manuals and information sheets as well as service partners such as Community Legal Centres through a set of family law precedent clauses and the password protected extranet service available to them. letters used by practitioners to assist litigants- Newly developed materials during this year included an 85 in-person through negotiations and the page manual jointly developed by Legal Aid WA and the preparation of court materials. As far as Community Legal and Advocacy Centre covering all matters practicable, all resources are made available necessary to making a criminal injuries compensation claim to our service partners, particularly those (inclusive of sample letters to obtain police and medical providing not-for-profit legal services to the reports, sample statements to support the claim and guides community. for late applications, applications by minors and the options to This financial year has been extremely busy as appeal decisions). a result of an active legislative agenda by, As part of a national initiative to rationalise the range of particularly, the State Government where publications covering family law matters, we participated in changes to the law and procedure impacted on developing and producing a new publication designed to help most database and web pages. The following people understand the range of issues, options and services provides an overview of activities undertaken available in this area. Entitled “Untying the Knots” it contains to maintain these resources: a nationally maintained Commonwealth Law component with The Legal Resource Database a separate section dealing with state law issues such as defacto property arrangements, wills, family violence, This resource is designed to support legal changing names, debt and other matters. advice services and covers around 140 separate legal matter types across the range of Web Resources issues of most concern to the legal aid target The public website continues to be popular with the general population. As a result of considerable public and non-legal service providers as a source of initial legislative change, in excess of 100 of these information about the law and where to obtain further pages were either completely revised or assistance. Equally impacted by the heavy legislative agenda amended, and several new resources that affected the Legal Resource Database, over half of all developed to cover matters such as these pages needed to be revised and updated. amendments to the Sentencing Act, commencement of the State Administrative The extranet service to not-for-profit legal services has Tribunal, offender reporting, the complete continued to expand and meet with approval by users. revision of the Magistrates Court Act and Protected by user identified passwords, it provides these changes to domestic violence law and services with access to the Legal Resource Database, a range procedure. of manuals and other publications used to support legal services, learning materials for the accredited Certificate IV paralegal training course and other In-house Practitioner training materials. These agencies are encouraged to use the Key Strategy - Service resources for their own internal training and service delivery Improvement strategies, and to adapt materials as necessary for community legal education within their own localities. Our Community Extending access to services through Development Worker provides assistance and additional appropriate use of technology, and developing resources to support this strategy. management information systems to promote continuous improvement in the services delivered 40 Continuing development of knowledge resources for internal and external users that both supports legal advice and minor assistance services and provides source of information about the law for the public. Family Law Precedents Community Development and This is a system of precedent letters, clauses, orders and Consultations other resources designed to merge with family court In order to properly undertake Development documentation software. Originally designed to support self- Services functions, it is imperative that good represented litigant services, a complete review of these working relationships with a range of resources has been undertaken to include materials for use in organisations and services is nurtured. Major the In-house Practice, and to incorporate materials designed involvements this year included: for people seeking help with Child Support. A single, coded • Regular attendance at Magistrates Court system is being developed that will form the basis for an Meetings (involving representation from the organisational approach to best practice documentation in this police, Justice, AIMS, criminal law practitioners) area of law. to consider how to address public resourcing Pre-action negotiating letters and other materials supporting needs inclusive of the major changes in both recent changes to procedural requirements in the Family the criminal and civil law jurisdictions. These Court have been added to the system. meetings promote sharing of information as In addition, the current precedents were made available to well as materials developed by the participating service partners such as Community Legal Centres for their services. own use through CD Roms. This means that external users • Regular collation and dissemination of Legal Aid may now access the precedent material without the need for WA information for Community Legal Centres specific software. Users are notified of any changes to these through the monthly CLC Online Bulletin resources and the availability of updated CD Roms as they • Negotiation with the Aboriginal Legal Service occur. resulting in development of a Memorandum of Understanding between our services External Training • Consultation with the Mental Health Law Training on various legal issues was provided to: Centre, Disability Services Coordinators and peak organisations concerned with services for • The Deaf Society (3 sessions on family law, civil law and people with mental or intellectual disabilities to the legal system) determine service needs and issues for this • police prosecutor training (from defence perspective) client group • New workers at the Peel Community Legal Centre • Continuation of links with the Midwest Project • Criminal law systems and issues for Gosnells CLC participants to promote strong service links • The Citizens Advice Bureau in Perth and Mandurah about between our services leading up to the opening Legal Aid WA services of our Geraldton regional office The Community Development Officer based in Development • Development of a “train-the-trainer” strategy for Services also maintained the role of co-convenor of the community workers designed to assist them to Community Legal Education Working group (CLEWS WA.), a use and adapt Legal Aid WA materials in their group comprising Legal Aid WA, Community Legal Centres local Community Legal Education strategies. and other government departments This is felt to be a more effective use of limited The service strategy for external training has been refocussed Legal Aid WA resources to meet local area in order to provide resources and support to community needs through local area contacts and expertise. agencies and other service partners so they can deliver public • Participation in workshops about racial education strategies locally. This effectively replaces the vilification and systemic racism with the Office former strategy of providing training directly to the public of Multicultural Affairs and the Equal insofar as it focuses on targeted individuals and services with Employment and Opportunity Commission strong local links, thereby facilitating greater “on-the-ground” • Participation at the National Legal Aid WA penetration. Community Legal Education Best Practice Working Party meeting to further national Training materials are made available to regional offices and strategies and other issues identified by the service partners through our website. The Community Directors for action by this working party. Development Officer continues to take a proactive role through CLEWS and other forums to provide resources and 41 training about how to conduct legal education strategies in local communities. ASSIGNMENTS

The Assignments section performs Challenges a crucial role within Legal Aid WA. Legal Aid is working hard to preserve current levels of Its principle function is to assess assistance provided to persons appearing on serious charges applications for legal assistance in in Magistrates Courts throughout WA, and to improve the view of limited resources, level of representation that can be provided to this group. competing interests, and eligibility One way to achieve this is to reduce the proportion of and priority guidelines established administrative costs involved in providing legal representation. through funding agreements with The Assignments section consistently strives to provide a fair, the Commonwealth and State efficient, equitable and cost-effective service. governments. Assessors form the core of the section and are experienced, Assignments take into account and multi-skilled paralegals. In assessing applications for aid, three essential factors in its they analyse large and often complex information, interpret assessment of applications: the and apply legislation, and effectively liaise with various relevant state or commonwealth internal sections and external agencies, including legal guidelines designed to prioritise practitioners, to facilitate the most appropriate and beneficial type of matters funded; the assistance for the client. financial eligibility of the applicant The Assignments section has the relatively onerous (measured in accordance with the responsibility of meeting the needs of applicants while National Means Test); and the merit managing limited delegated funds in the interests of the and prospect of success of the wider community. At any given time there are many applicant’s case. applications of varying nature and merit, which must be Its function is not limited to prioritised, and not everyone will be assisted. In balancing approving or declining applications needs of applicants and the available funds, Assessors will for aid, but frequently extends to use discretion where appropriate to request that applicants assisting applicants who are make financial contributions towards the costs of their legal deemed ineligible for a grant of aid matter. Assessors will also conduct reviews of active matters in accessing alternative services, to ensure costs are kept within reasonable limits and that including but not limited to (Legal funds are available for other matters. Aid WA’s) Client Services division Assignments has also been at the forefront of implementing (for preparation of documents and electronic lodgement in the form of Grant Online, which minor assistance); the Child Legal although is still being enhanced, has already proved to be a Support Unit; the Duty Lawyer much quicker and simpler method of submitting and Service, which provides for processing applications, which has produced direct benefits valuable assistance to clients in for applicants and legal practitioners. criminal law proceedings, as well as Community Legal Centres in Changes To Commonwealth Guidelines WA. The Commonwealth Government has introduced, as part of a four-year funding agreement with Legal Aid WA, changes to the relevant Eligibility and Priority Guidelines. The areas that have been impacted upon by the changes include, but are not limited to the following: • Property Settlement • Information, Location and Recovery Order matters • International Child Abduction matters • Illegal Fishing • War Veterans Affairs

42 INFORMATION MANAGEMENT SERVICES

The Information Management section provides technical Future Challenges infrastructure and communications capacity across the Legal The section faces challenges with the integration Aid WA agency and to key partners. It develops and supports of its key business systems. The introduction of office and line of business systems including all internal and an enterprise strength electronic records and external web services. Additionally it provides records and document management system (Hummingbird) document management services and library services as well is complex as it impacts on the work practices of as training and support for staff utilising systems and all staff. Additionally, it needs to integrate as infrastructure. intuitively as possible with the existing Office During the last financial year we have participated in a and Email systems. This poses both technical national initiative to develop specifications for replacing our and business challenges that need to be major line of business system. These specifications will be addressed in the 2005-2006 financial year. used as a basis for the initiation of new projects over the next The ageing of our major business system, Legal two years to improve business processes in key business Aid Office, which is becoming expensive to areas. operate and maintain is also an issue for the Considerable effort has also been directed to the agency. We are currently adding functionality to implementation and roll out of the Hummingbird electronic both the front and back end of this system, and records and document management system. This has been a at the same time undertaking necessary significant achievement due to the complex nature of the functional specifications work that will guide our product and the necessity for it to seamlessly integrate with future direction which includes the progressive all desktop office systems. The initial roll-out is anticipated to de-commissioning of the product. In the be completed in the coming year. meantime it is likely that certain interfaces will need to be built between Legal Aid Office and During the year there has been significant development of the our Hummingbird environment, to allow users to Grants Online system to deliver a more robust, flexible and utilise our client information efficiently regardless user-friendly system for legal practitioners submitting legal aid of which system it is located on. We will also be applications via the web. Key features include an updated keenly observing the efforts of other Legal Aid look and feel, a simplified extension of aid process, improved Commissions in other states and leveraging search capabilities and a tax invoice form for use with opportunities that become available. outstanding paper applications. The system also allows content of an application to be tailored to meet user needs and to respond more quickly to changes in State and Commonwealth legislation. Legal Aid WA also acquired and configured a new Content Management System for the more effective management of web materials. This system is currently being implemented and will enable business areas to create and update web content more easily with less reliance on Information Management staff assistance. Significant improvements to the telecommunications infrastructure, including broadband links with the Magistrates Court and the Family Court of Western Australia have been achieved. The technical infrastructure for two new regional Legal Aid WA offices at Albany and Geraldton has been set Key Strategy - Information up. Enhancements have also been made to the server and Measurement environment at the Perth office Creating a business environment that uses The Information Management section is also engaged on a research data and performance information to program to increase its level of maturity as an Information shape interventions and assistance that is Management/Information Technology service provider. This made available includes improvements to our planning processes, project The implementation of the Records and 43 management, infrastructure management, information Document Management System currently management practices and governance as a whole. This will underway will significantly improve client involve both a training program internally and also more management and record keeping practices exposure to what other agencies are doing with regard to throughout the agency. establishing best practice. A key component of this is developing our internal staff profile and bringing certain core activities in the technical area back in-house. Dear Marguerita,

Thank you for your letter of 21st June, 2004.

It was so nice to know that Dear Sir/Madam, someone actually cares enough to follow up and for that I I am writing to you because I have been a thank you. client of Legal Aid since October 2004. The person that has been handling my case is Terri Everything seems to be going Scurria. Terri has been absolutely wonderful to along okay; payments are me during times of crisis, not only has she been correct and being made on very professional and thorough in her duties time and the communication regarding my case, but also very caring and between my ex and myself is understanding towards me in a very emotional polite enough. and traumatic time of my life. Please close my file and if I I would appreciate it if you would let Terri require your assistance in the know that she has had a client who is so very future, I will contact you. thankful and grateful to her for her professional manner. I know that this particular career path would be a very demanding and sometimes thankless task, and so by you speaking with Terri regarding this letter I am sure would make her feel at least appreciated. To Lee, I thank you for taking the time to read this fax. I just wanted to say thankyou very much from the bottom of my heart for representing me.

44 Client Feedback SECTION 4 OUR EMPLOYEES

45 HUMAN RESOURCES ISSUES

EMPLOYEE PROFILE 2004/05

Level Lawyers Paralegal Administration Articled Clerks Total Total % % P 0 C P 0 C P 0 C P O C 2004/05 2004/05 2003/04 2004/05

1 14 4 27 18 10.89% 6.79%

2 10 2 41 5 5 49 63 19.76% 23.77%

3 5 3 33 2 11 53 54 21.37% 20.38%

4 3 14 5 18 22 7.26% 8.30%

5 21 1 11 34 33 13.71% 12.45%

6 8 5 2 14 15 5.65% 5.66%

7 21 1 1 20 23 8.06% 8.68%

8 3 1 2 1 9 7 3.63% 2.64%

9201 17 21 6.85% 7.92%

Class 1 2 0 2 0.00% 0.75%

Class 2 2 1 2 3 0.81% 1.13%

Class 3 1 1 1 0.40% 0.38%

Class 4 2 3 2 1.21% 0.75% Special Division 1 1 1 0.40% 0.38% TOTAL 84110584091120050248265 100% 100%

Includes staff on LWOP: 9.13 Females/1 Male P - Permanent Employee O - Contract Employee C - Casual Employee

FTES PER CATEGORY OF EMPLOYEE 2004/05

Category No of FTE's Perth Office Regional Office CATEGORY OF EMPLOYEE (FTE's) (FTE's) FTES 2004/05 Lawyers 90.46 62.96 27.5 Paralegals 41.21 35.41 5.8 Articled Clerks 5 5 0 Administration 86.12 73.44 12.68 TOTAL 222.79 176.81 45.98

CATEGORY OF EMPLOYEE FTES 2004/05

Category Perth Perth Regional Regional Total Part-time - Perth Office Office Office Office Part-time - Regional Part-time Full-time Part-time Full-time Full-time - Perth Lawyers 7.96 55.00 0.50 27.00 90.46 Full-time - Regional Paralegals 7.41 28.00 1.80 4.00 41.21 Article Clerks 5.00 5.00

Administration 10.44 63 4.68 8.0 86.12 YEARS OF SERVICE BY TOTAL NUMBER OF EMPLOYEES 2004/05 TOTAL 25.81 151.00 6.98 39.00 222.79

YEARS OF SERVICE BY TOTAL NUMBER OF EMPLOYEES 2004/05

Years of No of Lawyers Paralegals Admin Articled % 46 Service Employees Clerks 0 - 5 129 50 25 49 5 48.68% 6-10 66 27 13 26 0 24.91%

11-15 31 12 7 12 0 11.70% 0 - 5 16 - 20 24 11 4 9 0 9.06% 6 - 10 11 - 15 21-25+ 15 4 4 7 0 5.66% 16 - 20 TOTAL 265 104 53 103 5 100% 21 - 25+ EMPLOYEE RELATIONS

Fixed Term Contracts Focus on Wellness In keeping with Public Sector Policy, the use of fixed term A Wellness Program for staff was introduced contracts has been minimised and more effectively utilised to during the year. A range of short seminars are cover legitimate fixed-term arrangements, including parental being run, with these being designed to leave coverage, project work and extended leave situations. encourage staff to incorporate healthy habits into their working day and lives in general. Legal Aid WA Agency Specific Agreement 2005 Sessions have focussed on techniques for A new Agency Specific Agreement was successfully managing stress, healthy eating, the benefits of negotiated and formally registered through the WA Industrial good posture and achieving life balance. Our Relations Commission on 7 April 2005. The Agreement staff have been invited to contribute to the provides for a 2 year contract of service for Articled Clerks setting of the Wellness Program in 2005-2006 and Restricted Practitioners, a consistent Performance by ranking their preferences from a range of Assessment and Development Scheme for all staff and the available seminars. right for staff to apply for voluntary regression. Employee Assistance Program (EAP) Joint Consultative Committee Legal Aid WA continues to offer all staff and The recent establishment of a Joint Consultative Committee their immediate family members access to a has been welcomed as an additional means of consulting professional and confidential counselling with staff on important issues relating to their employment at service through the OSA Group. Legal Aid WA. It also provides an important forum for union In addition to the standard counselling services members to raise any concerns as they arise and provides the to staff, OSA Group also provided a range of in- assurance that these will be escalated as appropriate for house services for the benefit of Legal Aid WA consideration in a timely manner. staff including regular debriefing sessions to Worker's Compensation selected staff in frontline roles, critical incident counselling, stress management seminars and Claims for worker's compensation remain low with two new tailored team development programs. claims being lodged this year. There are four ongoing claims from previous years. The following four factors are indicators The use of counselling services for staff of worker's compensation at Legal Aid WA: included work support programs for employees re-entering the workplace after extended sick Premium/ Contribution Rate 0.48 leave. The program provides the employee Cost of claims incurred per $100 wage bill 0.1246 with a program tailored to their individual needs Frequency Rate/Lost Time 0 and encompasses greater communication Rehabilitation Success Rate n/a between counsellor, medical practitioner and Legal Aid WA to enhance the overall support Occupational Health and Safety systems designed to assist the employee back Healthy Office environments into the workplace. Ergonomic consultants have continued to undertake assessments of workstations and offices and provide relevant recommendations as an injury prevention strategy. Recommendations have been applied to work station design, office renovations and modifications. The Human Resources Branch has invested in the purchase of ergonomic equipment to support individual occupational, health and safety needs. Staff embarking on home-based work arrangements are provided with an occupational health and safety self assessment tool for assessment of their home offices and the provision of specialist ergonomic consultation where applicable. 47 STAFF DEVELOPMENT AND TRAINING

Performance Assessment and Development Scheme In February 2004, I had the opportunity to spend time in the All of our staff are required to take part in the Domestic Violence Legal Unit for approximately 5 months. As Performance Assessment and Development I had previously spent all my time with the Legal Aid Scheme. Managers conduct assessment and Commission in client services since late 1998, this was an development interviews each March so that exciting and also "out of my comfort zone" experience for the process links into budget requirements for me. I enjoyed the court work and indeed found that my the following financial year. Similar format people skills acquired in Client Services assisted me greatly in reports are used for Articled Clerks and dealing with my clients at court. I met many new people Restricted Practitioners. However, these while spending time at DVLU and admired the team reports have fixed tasks and objectives (rather approach required by various departments when dealing with than objectives set by the employee) and less domestic violence. In August 2004, I then began working in emphasis is placed on rating the performance family law and had many opportunities to practice my court of Articled Clerks. skills in both the children's and family courts. I was and continue to be impressed by the team approach of the family Criteria Progression law unit and willingness to share experiences and (luckily for A criteria progression model for our in-house me!) precedents!!!! Finally (but wait there's more) in late practice solicitors based on continued December 2004 I began working in the civil law section as development is in place. The model provides part of a special project. My job is now more investigative ongoing support for lawyers in their generic and I am enjoying and sharpening different skills to those I roles and allows them to progress to higher have used in the past. I am most grateful for the levels once set criteria have been reached opportunities that I have been given in the three varying without going through a competitive selection rotations from Client Services to DVLU, Family and Civil law process. sections. Sandra Wendel, Solicitor Career Planning The Career Planning Program gives junior staff In-house Legal Training the opportunity to play a significant role in Seminars, lectures and advocacy workshops presented by shaping their own legal careers, develop new senior members of staff and outside professionals continue skills and experience, and gain a better to be available to staff as part of their ongoing legal understanding of the broader objectives of the education. This training includes: agency. The Program encourages staff to identify and prioritise the different sections at • ADR and mediation training for family law matters; Legal Aid WA they would like to work in and • Restraining Orders and training in relation to other provides managers with the logistical support Domestic Violence issues; to make these rotations a reality. • numerous other courses, such as Managing Difficult Behaviours, Writing in Plain English, Dealing with People under the Influence of Drugs and Alcohol, are also run as required; • in-house training on IT related issues, including use of the intranet and internet; • video conferencing training for our regional offices and service partners; and • advanced library training sessions. Training materials were also developed and materials placed online. Major new materials include: • The Criminal Injuries Compensation Manual • Social Security resources • Wills and probate 48 • Employment law • SAT Training materials Legal updates are also regularly forwarded to all staff on Circuit Forums and the Legal Resource Database (LRDB) Mailing List, inclusive of matters before the legislature, procedural developments and information about how the courts and tribunals are handling various matters (for example, child evidence in sexual offences prosecutions etc). Paralegal Training self-directed learning modules accessed online and also through formal training and assessment delivered in-house. Certificate IV in Business (Legal Administration) The overwhelming success of the Certificate IV in Business (Legal During 2004 a further 12 Legal Aid Studies) has been due to the enthusiastic involvement of a diverse range WA paralegals graduated with a of staff who have contributed to the development, ongoing maintenance Certificate IV in Business (Legal and monitoring of the program, including: Administration). This was the • a cross section of staff who have received training and now hold second year the program was Workplace Assessing qualifications, enabling all formal assessments to offered to paralegal staff. A total of be carried out in-house; 34 staff have now completed the • managers and lawyers who act as content specialists in their course and a further eight respective areas and also form an integral part of the assessment enrolments are anticipated in 2005. process; This will represent approximately • our Development Services team who produced and updated the 90% of paralegals currently course materials in conjunction with guidance and support from Central employed at Legal Aid WA having West College of TAFE; completed the course and obtained • our Human Resources team who coordinate the program each year a formal qualification. and organise the end of year graduation ceremony; Improved technology means that all • Central West College of TAFE who, as our partner and RTO, provide resources and self-paced learning the necessary quality assurance processes; packages are now available online, • our staff who have wholeheartedly embraced the opportunity to making the program more consolidate their skills and knowledge by completing the qualification. accessible to regional staff Comments from 2004 Graduates members and remote area community workers. Two Legal Aid "Completing the course from a regional office was a great and WA regional staff members thoroughly enjoyable experience. I had access to useful, very informative completed the program in 2004 and easy to follow reading materials and online resources. I had the with a further two due to participate support of my Solicitor in Charge, assisting in answering questions as in 2005. well as support from office colleagues and the HR Branch. I would highly recommend this course to fellow regional staff members." The course offers: Leanne Jeffery, Office Supervisor, Kalgoorlie • pre-recognition of existing skills and builds on these to further "The course was relatively easy, not in terms of content, but in course meet national quality assurance design and delivery allowing many barriers commonly encountered by standards and the competencies mature age students to be conquered, enabling a recognized qualification defined in the nationally to be obtained and to pursue a career in my chosen field. The strength of accredited training package; this course lies in that it was sensitive and responsive to competing • learning outcomes which demands to include full-time employment, family, sporting and financial facilitate proficiency in a number commitments." of key areas specific to the range Janet Woodward, Paralegal Assessor of services provided by our paralegals; • new staff the opportunity to direct and control the pace of Key Strategy - People their own learning by tapping into Management the self paced training package Developing a workforce with portable skills available online; and that respond to new challenges and which • a means of multi-skilling and values professionalism. support for the rotation of our paralegals agency wide. 2004 Paralegal Graduates Continuing legal education of staff is subject of major review and a working party of legal 49 Competency is achieved through a practitioners are developing a comprehensive combination of skills recognition, training framework for legal practitioners accompanied by a portfolio of working with accreditation as provider of evidence prepared by each of the continuing legal education the aim. participants. Gaps in learning are addressed via the completion of Articled Clerks and Restricted Practitioners Reflection from an Articled Clerk Our aim in recruiting law graduates to our My first few months as an Articled Clerk at Legal Aid WA Articled Clerk Program is to select and train have been an extremely positive experience. As an Articled outstanding lawyers who will make significant Clerk at Legal Aid WA the main emphasis is placed on my contributions to the legal profession in Western professional development. I have been exposed to a Australia. The program is the primary entry balanced mix of training, observation and on the job point for junior lawyers into our organisation. practical experience. My contributions are valued and I am Successful applicants are given a two-year always offered a level of support and encouragement that contract that includes Articles and the inspires me to move forward. We also have a lot of fun, Restricted Practice Year. both at work and planning all the social club functions. Helen De Brito Gaining employment at Legal Aid WA has Articled Clerk 2005 become extremely competitive. In 2004, we received over 140 articled clerk applications for Reflection from a Restricted Year Practitioner a handful of positions. One of the reasons we have become such a sought after employer is My rotation to the Pilbara regional office gave me the the excellent reputation we have developed in opportunity to have it all. Your professional life spans the the legal sector for providing quality training whole Pilbara from the stunning coastline, to the and producing quality staff. spectacular gorges and deserts - and the legal work is as varied. As a regional lawyer you'll be expected to work in Our legal trainees: family law, criminal law, employment law, civil law, social • complete a comprehensive two week security law, admin law... so it's the perfect opportunity to induction program; develop the skills to be a well rounded advocate. In a small • complete six rotations, including one to a office you have the autonomy to run your own case load, metropolitan regional office during the with the support of senior staff, as well as the chance to be Articles year and two rotations of 6 months on your feet as Duty Lawyer, and also assisting people during the restricted year; through legal advice and minor assistance. • attend a weekly in-house Professional Kate Davis, Restricted Year Practitioner Development Program; • attend intensive advocacy workshops in criminal and family law and other ongoing general training programs and seminars; and • participate in a structured mentor program.

Key Strategy - People Management Continuing legal education of staff is the subject of a major review. A working party of legal practitioners are developing a comprehensive training 2005 articled clerks 50 framework for legal practitioners with accreditation as a provider of continuing legal education the aim. SECTION 5 CORPORATE GOVERNANCE

51 CORPORATE GOVERNANCE

History of Legal Aid in Western About Legal Aid Western Australia Australia Our Mission is to provide quality legal services to those in In the 1960s and 1970s the Law Society of need and to assist the community to access justice. Western Australia began to establish an Our Vision is to be recognised as a leader in the coordination organised legal aid scheme. Before this, the only and delivery of legal assistance services that reflect subsidised legal help available was the voluntary community expectations and are responsive to need. work undertaken by the private legal profession. Legal Aid WA provides information and resources to assist In 1974 the Federal Government set up the first the community with their legal concerns and offers a range of Australian Legal Aid office in Fremantle, but that services aimed at target groups or individuals with particular office was limited to dealing with legal problems. Assistance is designed to help people resolve Commonwealth law issues or assisting people their problems at the earliest opportunity, to improve their for whom the Commonwealth had a special access to the law, to avoid unnecessary litigation, and to responsibility, such as war veterans. From 1974 ensure that legal representation is in keeping with community there were two schemes operating side by side expectations for fairness. but this was not very efficient. In 1978, through a joint initiative of the State and Federal Legal Aid WA is committed to providing equitable access to Governments, an amalgamation took place services, regardless of regional and time constraints. Through resulting in the establishment of the Legal Aid its network of seven regional offices and the main office in Commission of Western Australia. This was the Perth, and working in partnership with private practitioners first Commission of its kind in Australia. The and other service providers, Legal Aid WA ensures that more head office was in Perth and metropolitan than 40 regional centres across the State, including the regional offices were in Fremantle and Midland. Christmas and Cocos Islands, are visited regularly by trained Regional offices were also established, firstly in staff. Broome and Bunbury, later in South Hedland, Kalgoorlie and Christmas/Cocos Islands, and more recently in Geraldton and Albany.

Our Mission is to provide quality legal services to those in need and to assist the community to access justice.

Our Vision is to be recognised as a leader in the coordination and delivery of legal

52 assistance services that reflect community expectations and are responsive to need. Legal Aid Commission Executive The Legal Aid Commission is the governing body of Legal Aid WA. The Director is supported in his role by The Commission is an independent statutory authority that operates the General Managers of the Legal under the Legal Aid Commission Act 1976. The Commission meets Practice and Program Coordination monthly and as required and consists of: Divisions. Together the Director and these General Managers form the • A Chairman, who must be a lawyer with at least seven years Executive. The Executive ensures the experience, appointed on the nomination of the State Attorney effective management of Legal Aid WA General; and is responsible for overseeing: • Four members, nominated by the State Attorney General, two of whom are lawyers nominated by the Law Society and one (not • policy making and developing being a lawyer) who has administrative experience at senior level; organisational strategies; • One member, a non-lawyer, nominated by the Minister of Fair • planning and budgeting; Trading; and • monitoring and evaluating • Two members appointed by the Commonwealth Attorney General. organisational performance; However, since April 2000 the Commonwealth Attorney General • ensuring compliance with government has declined to replace members whose terms have expired and reporting and accountability the Commission has operated without Commonwealth requirements; and representatives. • staff morale and development - achieving a workplace culture that Frequency of Meetings encourages enterprise and values the The Commission meets monthly and as required. Ten meetings were contribution of staff. held in 2004-2005. The Executive meets weekly and as Disclosure required. Other divisional representatives attend Executive meetings as required. The Legal Aid Commission Act 1976 requires members to disclose their pecuniary interests in matters being considered and about to be Audit Committee considered, and to have such disclosure recorded in the minutes of Our Board of Commissioners also that meeting. operates an Audit Committee with In terms of financial interest, Richard Bayly is a partner of Bayly & responsibility for assessing and reporting O'Brien. This firm received professional fees from Legal Aid WA on: during the year for representation of legally aided clients on assigned • the effectiveness of systems and matters. standards of internal control; Remuneration • the management of business risk; • compliance with legislation, standards, Remuneration is fixed by the Governor on advice from the Salaries policies and procedures; and and Allowances Tribunals. Rates were last varied on 16 November • the quality and reliability of 1999, at which time the Chairman's fees were increased by 42% management reporting. and the Commissioners' fees by 55%. That was the first increase since 1988. Fees are not payable to members who are employed The Audit Committee has unhindered elsewhere in the public sector. The Chairman receives $18,639 per access to management and can avail annum and ordinary members $7,412 per annum. These fees are itself of independent professional advice comparable with other Legal Aid Commissioner throughout Australia, at any time. The Audit Committee has with an average Chariman's fee of $19,095 and average developed a three-year plan and monitors Commissioners' fees of $7,113. progress of the annual audit program, including management follow-up of audit Director findings. The Audit Committee is assisted The Director, who is the Chief Executive Officer, manages Legal Aid by Internal Auditors and a representative WA and is responsible for: of the Auditor General at its meetings. The Audit Committee met 3 times this • long term strategic direction and operational management; year. • administering the scheme of legal assistance established by the 53 Act; and • providing legal services to assisted persons and arranging and supervising the provision of such services by practitioners who are members of staff. The Director is also an ex-officio member of the Commission. Board Members

Commission Meeting - Port Hedland, 13 and 14 October 2004 For the first time in many years, the Board of the Legal Aid Commission held its monthly meeting in a regional area. The meeting was held at Port Hedland on 13 and 14 October 2004. The meeting commenced at the South Hedland regional office by way of a discussion Malcolm McCusker AO QC George Turnbull was Richard Bayly was with staff on current issues was appointed as Chairman appointed Director of appointed a Commissioner impacting the office. An open of the Commission in Legal Aid WA in June in July 1997 as a nominee forum meeting was then December 1982 and is the 1999. He was first of the Law Society of convened at a venue in South Western Australian admitted to practice as a Western Australia. He Hedland to hear from Justice, Attorney-General's barrister and solicitor of graduated from the Courts, ALS, Police and nominee. After graduating the Supreme Court of University of Western community representatives on from the University of Victoria in 1973. Mr Australia with a law the state of legal service delivery Western Australia, he Turnbull was until June degree in 1973 and was and unmet demand in the returned as a part-time 1998 the Director of the admitted into practice in region. Key issues arising from lecturer and helped to Victorian Office of the 1976. Mr Bayly was these discussions included: devise the content of the Australian Government employed by Wesfarmers, • The lack of services for final LLB year. Since his Solicitor, and was London in 1977 and then dependants requiring admission to practice in previously Director of the acted as a solicitor with psychiatric assessment and 1961, he has appeared as New South Wales and the Aboriginal Legal community based treatment counsel in a wide range of South Australian Offices. Service from 1979 until programmes for the mentally commercial and criminal During the 1980s, he was 1981. He has practised as ill, including accommodation cases before the District Deputy Crown Solicitor a partner of Bayly and services. and Supreme Courts, and Director for Western O'Brien since 1981, • The lack of effective bail and Federal Court, High Court Australia. Mr Turnbull specialising in criminal hostel facilities, particularly for and Privy Council. He was attended 10 of the 10 law. Mr Bayly is a past young people, notwithstanding appointed Queen's Counsel Commission meetings president of the Criminal the success being achieved at in January 1982. In 1989, as held in 2004-2005. Lawyers Association, and the Yandayarra Community. special inspector, he is on the Law Society • The difficulties attracting and conducted an investigation Council. Mr Bayly retaining lawyers in regional into the collapse of the attended 8 of the 10 areas. This has led to a Rothwells Merchant Bank. Commission Meetings coordinated approach being In 1992-93 he was held in 2004-2005. adopted by the Law Society, Chairman of the Western Legal Aid WA and CLCs Australian Constitutional • The impact of fines Committee and is currently enforcement legislation and Chairman of the Advisory the suspension of driving Board to the Western licences on employment Australian Constitutional prospects of Aboriginal Centre. Since January 2004 people. he has been Parliamentary • The close collaboration evident Inspector to the Corruption amongst service providers and and Crime Commission. In 54 the Courts on overcoming 2005 he was appointed an scheduling and travel Officer of the Order of difficulties associated with Australia, and later received servicing large distances. the award of "Citizen of WA" for the Professions. Mr McCusker attended 10 of the 10 Commission Meetings held in 2004-2005. Patrick Walker was Rick Cullen was appointed Raymond Hughes was Lynda Wennstrom was appointed a Legal Aid a Commissioner in appointed in January 1999 appointed in August 2004 Commissioner on 14 January 1995 as a and is the current and is the Community December 1999 as a nominee of the Law nominee of the Western Legal Centre (CLC) nominee of the Minister Society of Western Australian Attorney nominee to the Board of for Fair Trading. He was Australia. He is a graduate General as a person with Commissioners. Ms appointed Commissioner of the University of "administrative experience Wennstrom has been for Fair Trading in June Western Australia in at a senior level'. He has employed by the City of 1998. Prior to this, he had Science and Law and been a Chairman and a Fremantle at the extensive local since his admission as a Director on several Community Legal & government management lawyer in 1977 has statutory corporations. Mr Advocacy Centre (CLAC) experience including practised in a variety of Hughes is a member of (now know as Fremantle holding the positions of law areas, concentrating the Australia Society Community Legal centre) Chief Executive Officer at on commercial litigation Certified Practicing since 1987 following the City of Subiaco and over the last 10 years. He Accountants and is a graduating with a Diploma Chief Executive Officer at was a partner of Dwyer member of the Audit in Welfare Studies. Her the Town of Narrogin. He Durack from 1989-2004 Committee. Mr Hughes initial role was as a is a former Western and has recently become attended 9 of the 10 Welfare Rights Worker Australian President and a partner in Cullen Commission Meetings delivering advocacy in National Director of the Babington Hughes. He held in 2004-2005. areas such as financial Institute of Municipal was a Councillor of the counselling, tenancy and Management (IMM). He is Law Society for 13 years Centrelink. In 1992 she currently a member of the and was President of the applied for and was Medical Board of Western Society in 1992. He has appointed Coordinator of Australia. Mr Walker been a member of the CLAC. She has completed attended 8 of the 10 Law Council of Australia's many roles in the sector, Commission meetings Access to Justice including serving time as held in 2004-2005. Committee since 1987. Chairperson and Secretary Mr Cullen attended 9 of of the Financial the 10 Commission Counsellor's Association, meetings held in 2004- Chairperson of the 2005. Federation of Community Legal Centres and she is currently Chairperson of No Interest Loans WA (Inc). Ms Wennstrom is also active in the present Community Legal Centres Association. Ms 55 Wennstrom attended 8 of the 10 Commission Meetings held in 2004- 2005. Organisational Structure - Legal Aid WA

Legal Aid Commission

George Turnbull Director of Legal Aid WA

Legal Practice

Jasmine Shawcross Ron Smith Peter Huxtable Lex Payne Solicitor in Charge Solicitor in Charge Manager General Manager Family and Civil Criminal/Youth Law Regional Offices

Vacant Michael Hovane Manager Manager Duty Lawyer & Domestic Violence Legal Unit Prison Visiting Child Support Legal Unit

Program Coordination

Christine Slattery Cassandra Goldie Maureen Kavanagh Julie Jackson Bevan Warner Manager Acting Manager Manager Acting Solicitor in Charge General Manager Development Services Client Services Assignments Family Court Services

Colleen Brown Allison Currie Solicitor in Charge Manager Alternative Dispute Community Legal Centre Funding Program Resolution

Corporate Services

Murray Cribb Irene Hughes Terry Gaston Vacant Manager Manager Manager General Manager Finance Human Resources Information Management

56 SECTION 6 COMPLIANCE

57 REPORTS ON CUSTOMER OUTCOMES

Customer Focus Equal Employment Opportunity Legal Aid WA customers come from all walks Cultural Diversity and Language Services Outcome of life, although the majority of applicants are Work continues in achieving the objectives set out in the Equal dependent on Centrelink benefits. Our Access Employment Opportunity (EEO) Plan. Legal Aid WA has been and Equity policy ensures that clients are not active in progressing strategies for the employment and retention disadvantaged because of means, age, gender, of EEO groups and raising the awareness of EEO principles disability, language, culture, race or among management and staff. geographical location. Our Service Charter and Practice Standards also ensure that services Our alliance with specialist agencies continues in support of the are confidential, independent and easily placement of persons from EEO groups. This year we continued accessible, and that out staff are fully equipped to support work experience placements and the employment of to handle every issue, are flexible to suit staff with disabilities. Our Articled Clerk intake for the year individual needs, and are informative and included the appointment of two indigenous law graduates. supportive. Comment from a new Indigenous member of staff: Outcomes and Outputs The idea of studying, let alone law, was a huge step for me given that Indigenous Australians are not only perceived negatively but Our outcome is to ensure that the community have a lot of self doubt. Finding a law firm that would give me and target groups have access to and are the opportunity to complete my articles training was going to be provided with quality legal services. This is a very difficult task. So when Legal Aid WA rang and informed achieved through our range of services. Clients me that they have chosen me out of so many people they can access these services either in person, on interviewed, I was thrilled. I have now been working with Legal the telephone, in writing, through the Duty Aid WA since 24 January and have completed my Regional and Lawyer service, through a private lawyer, or Client Service rotations. I am currently in the Domestic Violence through other organisations such as Legal Unit and I have found that throughout my training and Community Legal Centres or contact centres. work experiences I have learnt a great deal but realise that this is Once a client has sought assistance, their just the beginning. Legal Aid WA is an exciting place to work as needs are matched to the most appropriate there is never a dull moment. Although sometimes I may feel service in order to maximise the number of overwhelmed because I have to appear in court, I know it’s my clients assisted with the most effective use of nerves that I have to control as I am quite capable of completing resources. Some clients may need to be the set tasks. I have found my colleagues very helpful and referred to a number of different services. In- friendly and they are a great bunch of people to work with. I house lawyers or private practitioners provide cannot thank Legal Aid WA and their Selection Panel enough for legal representation on grants of aid. Where giving me this opportunity as I have been blessed. clients are not eligible for legal aid, they may be referred to other Legal Aid WA services or Louise Romano, Articled Clerk 2005 to outside organisations for assistance. Our Corporate Induction Program now includes Cross Cultural Our outputs represent the range of business Indigenous Training. This useful seminar for new staff is services provided to meet different client presented by Aboriginal Legal Service staff in the spirit of the needs. The outputs distinguish between recently signed Memorandum of Understanding between Legal services provided to the general community Aid WA and the Aboriginal Legal Service. It is aimed at raising the and specific target groups. Legal Aid WA uses awareness of cross cultural issues for staff in frontline service effectiveness and efficiency indicators to delivery roles throughout Legal Aid WA, as well as preparing staff assess how its outputs contribute to the and the organisation for the successful orientation of Indigenous achievement of its outcome. Effectiveness is Australians to the staff at Legal Aid WA. measured by the extent of access to services by the general community and target groups. Unit costs are used to measure efficiency. See Section 8 for a full report on Performance Indicators. 58 Family Friendly Work Arrangements After giving birth to my daughter in Legal Aid WA continues to provide family friendly and flexible March 2004, I was relieved to be able work arrangements where possible, with 15% of staff to take a year of parental leave. working on a reduced hours, at home or on a part-time basis. However, as that year drew to a close A further 20 members of staff are enjoying additional leave and as the job of parenting my due to their participation in the 44/52 leave scheme to daughter became more manageable, I accommodate up to 8 weeks pre-purchased leave to cover debated what I should do about school holidays. Two staff members are participating in the returning to work. Although I looked deferred salary scheme which allows for a pre-purchased year forward to the chance to get back into off work to enjoy a career break. the workforce, I did not want to spend too much time away from my The number of staff working from home has increased this daughter. I approached Legal Aid WA year and has specifically benefited a number of staff returning about working on a reduced hours to work after a period of parental leave. basis and the possibility of doing that Legal Aid WA continues to perform well in the representation work primarily from home, not of designated EEO groups: expecting that I would get what I asked for. I was astounded at the These groups are represented in the workforce as follows: positive response I received. I was Women 78% assisted all along the way and I Culturally diverse 11% always felt that Legal Aid WA was Mature workers 38% committed to providing staff with Youth 8% family friendly options. I was given In addition, 37% of Legal Aid WA female employees fell the opportunity to work from home within the $50,156 p.a. (GOSAC Level 4(1)) and above salary two days a week. I was set up with a bracket computer and access to Legal Aid WA’s computer network, which MALE-FEMALE STAFF RATIO 2004/05 meant it was like sitting at a computer in the office. People ran

Legal Non-Legal Total % around involving me in various project work, as I was not in a Female 73 135 208 78% position to take on casework. I began Male 31 26 57 22% coming into the office on a TOTAL 104 161 265 100% fortnightly basis so that I was able to Includes staff on LWOP: 9.13 Females/1 Male keep in touch with what was happening and so that I felt a part of the office team. And throughout all this I had the flexibility to continue looking after my daughter and spending a majority of time with her. Although I had not initially considered working from home to be a workable option, it has become the perfect solution for me thanks to the efforts of all those at Legal Aid WA who have made it a possibility. Legal - Female Non-Legal - Female Kathy Bogoyev, Solicitor Legal - Male Non-Legal - Male

59 Disability Services Youth Outcomes During the year, Human Resources staff have continued to In response to “ACTION: A State maintain and develop contacts with agencies involved in the Government Plan for Young People, 2000- placement of people with disabilities. A number of work 2003” Legal Aid WA has continued to show placements were provided this year and a further two staff its commitment to young people. Legal Aid members with disabilities were employed. WA provides the following services for Support workers linked to a number of staff with disabilities young people: attend the workplace on a regular basis. As well as providing • a Duty Lawyer for criminal matters in the ongoing support for the staff member, the support worker Children’s Court in metropolitan and major also provides co-worker training and assistance to regional centres, expanded this year to management and other staff as appropriate. include the Mandurah Children’s Court; Staff also received training during the year on the topic of • a Youthlaw section which provides: Deaf Awareness. In return, Legal Aid WA provided three • a Legal Advice Bureau for children, education sessions to the Deaf Society on the subjects of giving advice in all areas of law, Family Law, Civil Law and the Legal System generally. including assisting children to apply for legal aid; Legal Aid WA undertook consultation with the Mental Health • representation for children charged Law Centre, Disability Services Coordinators and peak with criminal offences before organisations for people with mental or intellectual disabilities Magistrates and the President of the to determine service needs and issues. The feedback was Children’s Court; that these groups were satisfied with the services and • an intensive Duty Lawyer Service resources provided to their client base and their own workers assisting children on the Children’s and organisations. Court Drug Court Program; and Legal Aid WA continues to provide legal representation for • Family Law lawyers represent children in mentally impaired defendants. Our dedicated solicitor for the Care and Protection jurisdiction and mentally impaired defendants represents clients in the are appointed separate representatives of Magistrates Court and the District Court. The solicitor has children in applications for residence and maintained an ongoing relationship with the Disability contact before the Family Court in Services Commission, various hospitals and the courts, which appropriate matters. ensures that Legal Aid WA clients are provided with appropriate representation and ancillary services. State Domestic Violence Action Plan The Legal Aid WA website has maintained its “Bobby Legal Aid WA is a member of the State Approved” status, which is an accreditation that requires web Family Violence Coordinating Committee, sites to comply with accessibility guidelines for users with a which comprises senior representatives disability. Although Legal Aid WA’s publications are not from all state government departments and designed for a particular audience, they do maintain clear, the Women’s Council for Domestic, and plain English and are written at a maximum of Year 10 reading Family Violence Services. level. The Coordinating Committee has responsibility for drafting and coordinating a State Domestic Violence Strategic Plan and yearly Action Plans. Initiatives involving Legal Aid WA in the 2004-2005 Action Plan included the following: • Continuation of participation in the multi- agency family violence service Domestic Violence Advocacy Support (DVAS) Central at Perth; 60 • Mandatory training of all Legal Aid WA staff on domestic violence issues; • Adoption of best practice guidelines for domestic violence across all Legal Aid WA services; • Development of protocols for the Department of Public Prosecutions to seek restraining orders in criminal proceedings; REPORTS ON OTHER ACCOUNTABILITY ISSUES

• Training for private practitioners on restraining Information Statement order and domestic violence issues; The Freedom of Information Act 1992 requires that an • Community legal education for young women in Information Statement be made available to members domestic violence in partnership with the Youth of the public and that this should be updated every 12 Legal Service; months. The objective of the statement is to assist the • Training for Women’s Refuges on the new public in gaining information held by Legal Aid WA in restraining orders legislation; and accordance with section 94 of the Freedom of • Development and support of a specific network for Information Act 1992. those agencies providing legal services to people in domestic violence. The Information Statement includes: All of the above matters in the Action Plan have • the structure and functions of Legal Aid WA; been achieved with the exception of two, being • how Legal Aid WA’s services affect the public; mandatory domestic violence training for all Legal • how the public may participate in the formulation of Aid WA staff and best practice guidelines for departmental policy; domestic violence across Legal Aid WA. These two • the types of documents held by Legal Aid WA; and are presently being progressed and are part of a • how members of the public may obtain access to broader review of family law services at Legal Aid these documents. WA. The Information Statement document is now available Our strong commitment to family and domestic from Legal Aid WA’s website. violence is reflected by the fact that Legal Aid WA Our aim is to make information available promptly and at has a dedicated specialist Domestic Violence Legal the least possible cost. Whenever possible, documents Unit and funds family law and restraining order are provided outside the FOI process. Any formal matters where domestic violence is involved as a requests made under the Freedom of Information Act matter of priority. 1992 should be directed to: Corruption Prevention Freedom of Information Coordinator Legal Aid Western Australia Legal Aid WA continued to develop risk management 55 St Georges Terrace strategies and raise staff awareness in the area of PERTH WA 6000 corruption prevention, as highlighted below: Tel: 9261 6263 • A number of key staff attended an information This year four requests were received under the session presented by the Corruption and Crime Freedom of Information Act 1992. Two were for Commission (CCC). The session highlighted the personal information and two for non-personal functions of the CCC and provided details of the information. One of the requests for personal notification guidelines. information was withdrawn, and the other was provided • Legal Aid WA participated in a staff survey carried with copies of all documents. Of the other two, one out by the CCC to profile integrity in the Western was advised that even if the documents existed they Australian public sector. would be exempt under clauses 3, 8 and 14 of the Act. • The Public Interest Disclosure Act 2003 staff This applicant requested an internal review, which guidelines are now displayed on the Legal Aid WA upheld the initial decision. The applicant then requested staff intranet site. an external review by the Office of the Information • Legal Aid WA operates a Gifts Register for gifts Commissioner. All files and documents identified by offered and accepted by staff. Legal Aid WA were assessed by the Information Commissioner, who decided that there were no documents held that fell within the scope of the applicant’s request. The other application is ongoing.

61 Statement of Compliance with Relevant Statement of Compliance with Public Written Law Sector Standards Responsible Minister In the administration of Legal Aid WA, we have complied with the Public Sector Standards in Attorney General of Western Australia Human Resource Management, the Western Enabling Legislation Australian Public Sector Code of Ethics and our Legal Aid Commission Act 1976 Code of Conduct.

Other relevant legislation We have put in place procedures designed to impacting on Legal Aid WA activities ensure such compliance and have conducted appropriate internal assessments to satisfy that Cheques Act 1986(Cth) the statement made above is correct. Copyright Act 1968 (Cth) Corporations Act 2001 (Cth) The applications made for breach of standards Disability Discrimination Act 1992 (Cth) review and the corresponding outcomes for the Disability Services Act 1993 reporting period are: Electoral Act 1907 Number of applications lodged 1 Equal Opportunity Act 1984 Number of breaches found 0 Fair Trading Act 1987 Number still under review 0 Family Law Act 1975 (Cth) Financial Administration and Audit Act 1985 Financial Transaction Reports Act 1995 Freedom of Information Act 1992 Fringe Benefits Tax Act 1986(Cth) George Turnbull, Director, 30 June 2005 Government Employees Housing Act 1964 Government Financial Responsibility Act 2000 Income Tax Assessment Act 1997 (Cth) Public Sector Standards Industrial Relations Act 1979 We operate in accordance with public sector Land Administration Act 1997 standards. This means that, apart from Part 3 of Legal Contributions Trust Act 1967 the Public Sector Management Act 1994, which Legal Practice Act 2003 has been specifically excluded by section 21 of the Library Board of Western Australia Act 1951 Legal Aid Commission Act 1976, all public sector Minimum Conditions of Employment Act 1993 standards are observed by our staff. Western Occupational Health, Safety and Welfare Act 1984 Australian Public Sector Standards are contained in Privacy Act 1988 (Cth) the Public Sector Management Act 1994. These Public and Bank Holidays Act 1972 are standards in human resource management Public Interest Disclosure Act 2003 that encourage best practice through open Public Sector Management Act 1994 recruitment practices and the equitable treatment Racial Discrimination Act 1975 (Cth) of people employed in the sector. Salaries and Allowances Act 1975 Sales Tax (Exemption and Classification) Act 1992 (Cth) Code of Ethics Sex Discrimination Act 1984 (Cth) Our staff are required to comply with the public Stamp Act 1921 sector Code of Ethics. This sets out the principles, State Records Act 2000 values and behaviours staff must adhere to as State Superannuation Act 2000 public sector employees. Three key principles of State Supply Commission Act 1991 the Code of Ethics are: Trade Practices Act 1974 (Cth) • Justice - being impartial and using power fairly Transfer of Land Act 1893 for the common good. Not abusing, Worker’s Compensation and Injury Management Act 1981 discriminating against or exploiting people. Workplace Relations Act 1996 (Cth) • Respect for persons - being honest and treating 62 people courteously, so that they maintain their dignity and their rights are upheld. Not harassing, intimidating or abusing people. • Responsible care - protecting and managing with care the human, natural and financial resources of the State. Decisions and actions do not harm the short and long-term well-being of people and resources. Code of Conduct measurements have been agreed and will be To comply with Public Sector Standards, we have developed used to evaluate the impact of the new system our own Code of Conduct. This sets out the standards and its associated policies and procedures. applicable to our staff when dealing with customers and work A new Business Classification System (BCS) colleagues. has also been developed and is being used to create new files in the DMS. The BCS is Legal Aid WA Practice Standards subject to ongoing evaluation and refinement. Quality Practice Standards A training and awareness program has been Our Legal Practice complies with the Law Society of Western established. Approximately 80% of staff have Australia's Quality Practice Standards. The Quality Practice now received at least introductory training in Standard is a Law Society initiative aimed at assisting legal records management principles utilising an practices to improve their relationships with clients and online web based training program specifically ensure that a consistently high level of service is provided. tailored for WA government agencies. All newly Law Society accreditation is subject to annual audit and a appointed staff will also receive this training as comprehensive evaluation of our Professional Practice part of their induction. Training in the Standards. Legal Aid WA has been accredited for six years. understanding and usage of the BCS is also Our Quality Practice Standards and Professional Practice underway. Standards are both available to all staff via the Circuit web An analysis of the efficiency and effectiveness page. of the recordkeeping training programme will Professional Practice Standards be carried out during the 2005-2006 financial Our Professional Practice Standards set out the general year. The analysis will also extend to the standards that must be followed by all professional staff. agency’s induction program. Anecdotal evidence to date suggests that the Law Society Professional Conduct Rules recordkeeping knowledge of staff has All legal staff must also abide by the Law Society Professional significantly increased. Conduct Rules. Other Accountability Measures Public Interest Disclosure Requirements Strategic Plan The Public Interest Disclosure Act provides a system for the Legal Aid WA’s Strategic Plan 2000-2005 has reporting and investigation of public interest information. That not been updated. is, information that tends to show past, present or proposed improper conduct within a public body in the exercise of its With the recognition of the need for a functions. This information could involve improper conduct, an comprehensive review of the pathways offence under State laws, substantial unauthorised or irregular through which our clients currently travel to use or mismanagement of public resources, or an act or access our services with particular focus on omission that involves a substantial and specific risk of injury family law services, a formalised strategic plan to public health, prejudice to public safety or harm to the has been postponed. environment. It is anticipated that the review will highlight The Public Interest Disclosure Officer for Legal Aid WA is the areas for improvement in the way Legal Aid Wheatbelt Outreach Solicitor. This year no public interest WA manages a client’s entry to access our disclosures have been received. services and their progress through the system, particularly focussing on where there Record Keeping Plans is a need for the client to access a number of Legal Aid WA’s Recordkeeping Plan was provisionally different services from within Legal Aid WA. approved in November 2004 subject to continued progress The review will involve staff, at the ‘coalface’, being made in certain areas identified for improvement. A input as a key element in ensuring that plan for formal review of progress is due by November 2005. Once all model service delivery within WA will not only outstanding actions have been addressed, it is envisaged a improve client service but also provide direction further review will take place five years after the original for Human Resources and Information 63 submission date. Management activities into the future. An evaluation of the efficiency and effectiveness of the agency recordkeeping system led to the decision to acquire and install the Hummingbird electronic records and document management system (DMS). The system is still being implemented but has already led to significant improvements in recordkeeping practices. Benchmark performance Risk Management Advertising and Sponsorship Our risk management policy and risk register During 2004-2005, advertising and market research payments complies with the requirements of the Financial were made to: Administration and Audit Act 1985. Advertising agencies: The risk register identifies areas of operation Marketforce Productions $8,283.45 where a potential risk exists to Legal Aid WA Other $625.27 and contains strategies that have been designed to mitigate or remove those risks. Waste paper recycling The risk register is updated regularly. Legal Aid WA has continued to contribute towards the State’s waste management and recycling objectives by operating a Security paper recycling scheme. Confidential and other documents Legal Aid WA continues to monitor and from 9, 240-litre bins were collected and destroyed improve security issues identified throughout throughout the year. the year with an emphasis on providing a safe environment for our staff and clients. This year Energy Smart policy we implemented the following improvements: Legal Aid WA supports the Energy Smart Government • Improved secure access for staff outside of initiative to achieve a 12% reduction in non-transport related normal working hours (8.30- 5.30pm); energy use by 2006/2007. The activity based energy • secure keypad entry to a number of sections; performance indicators are used as the primary measure of • ongoing training for our frontline staff and the effectiveness of Legal Aid WA’s energy policy. entry level legal staff in dealing with threatening or difficult behaviours, with the Energy Smart Government Program Baseline 2004/2005 Variation emphasis on personal safety; Energy Consumption (Megajoules) 1,829,236 1,833,397 • secure front desk facilities to our registry Energy Cost ($) 79,236 81,279 area; • ongoing staff attendance at regular fire and Greenhouse Gas Emissions (tonnes of CO2) 468 466 emergency drills. Performance Indicators: Megajoules/sqm 391 372 -4.92% Policies and Procedures Megajoules/FTE 9,239 8,046 -12.91% We maintain written policies and procedures covering key areas of operation. Key corporate management policies can be accessed via the Promotions our intranet. Promotions undertaken by Legal Aid WA during the year included: Financial reporting Actual financial results are reviewed monthly • promotion of Legal Aid WA at the Tri-Law Careers Fair, a against budget and these results are provided law graduate fair organised by Murdoch, UWA and Notre to the section managers and relevant general Dame Universities; and managers. The results are also submitted to • attendance at the Domestic Violence Memorial March. the Board of Commissioners on a monthly basis.

Protection of Assets A register of assets that exceed $1000 in value is maintained and regularly updated. A Disaster Recovery Plan covering assets is also maintained and it establishes procedures covering adverse events and the protection of information.

64 WHAT HAPPENS WHEN WE DON’T GET IT RIGHT

Not everyone is left satisfied after dealing with Legal Aid WA. This year Legal Aid WA received: This may be because they have been refused a grant of legal • 36 complaints (27% less than the previous aid or because they are unhappy with the service provided on year). Four of those complaints were beyond a grant of aid or otherwise. the control of Legal Aid WA, involving Reconsideration and Review of a Refusal to refusals to grant legal aid because the matter type was not within our guidelines. Fourteen Grant Legal Aid of those complaints involved family law Every person who is refused a grant of legal aid has a matters in which the complainant was not statutory right to request reconsideration and then review of satisfied with the result of their case. Eleven that decision. complaints related to alleged poor service Reconsideration from Legal Aid WA staff. • 3 urgent correspondences (80% less than Reconsideration of a decision to refuse legal aid is carried out the previous year). Two of these matters by the assessor who made the original decision on the file. related to refusals of a grant of legal aid. One Often a reconsideration will result in an approval for aid when advised of new contact details. further relevant information is provided as part of the • 21 Ministerials (34% less than the previous reconsideration process. In 2004-2005, there were 1283 year). Seven of these matters involved requests for reconsiderations (9% less than the previous complaints about representation. Two year). The number of matters varied following reconsideration concerned refusals of a grant of legal aid. was 482 (1% more than the previous year). If an application is The remainder were communications about refused on reconsideration, the applicant can request that the funding, the budget and other general matter go to review. matters. Review Reviews are conducted by an independent Review What We Are Doing To Improve Committee, consisting of two private legal practitioners who Our Performance practice law in the relevant area and a layperson from the We continue to take significant steps to community. Before making its decision, the Review improve our performance and reduce the Committee considers the information provided by the case number of requests for review and managing assessor and any further information provided by reconsideration, complaints urgent the applicant. The applicant can provide information either in correspondence and Ministerials that we person, by telephone or in writing. All decisions made by the receive. These steps include: Review Committee are final and the applicant has no further • Performance management system for legal right of redress. There were 163 reviews in 2004-2005 (37% staff: All staff are required to take part in the less than the previous year). The number of decisions performance assessment and development overturned during 2004-2005 was 35 (15% less than the scheme. This ensures that their progress and previous year). development is formally monitored and that training and other work related issues are Complaints, Urgent Correspondence and addressed at an early stage. Ministerials • Advocacy Training and Seminar Programs: All complaints, urgent correspondence and Ministerials Senior in-house lawyers conduct forensic received by Legal Aid WA are forwarded to the complaints co- advocacy and family law advocacy ordinator. Oral complaints are noted and forwarded to the workshops for articled clerks, restricted year appropriate manager for resolution. Written complaints, practitioners and junior lawyers. We also urgent correspondence and Ministerials are acknowledged in conduct seminars, lectures and workshops writing with 48 hours and assigned to the relevant manager on a wide range of topics, which are made to prepare a written response. A written response is provided available to all staff as part of their ongoing within seven days for complaints and within three days for legal education. We continue to place urgent correspondence and Ministerials. The response must importance on training and workplace address all issues raised and set out the action that has or will initiatives to ensure that quality services are be taken as a result. The response must also, where delivered to clients. 65 appropriate, advise the complainant of their right to seek redress under the Legal Practice Act 2003 The original letter and the draft response are then, where appropriate, forwarded to the Director of Legal Aid WA to consider whether any further action is required. • Paralegal training: An accredited Paralegal Evaluations Training Program offering a formal Each year we undertake a Client Satisfaction Survey to qualification in Certificate IV in Business determine the effectiveness indicator for “provision of quality Legal Studies is in place. The program has legal services.” The annual satisfaction indicator alternates been extended to include Paralegals in between family law and criminal law clients. This year Community Legal Centres, offering skill criminal law clients were surveyed. development, acquisition of knowledge in both areas of Family and Criminal Law and The criminal law client groups included as part of this year’s ultimately enhancing service delivery. survey were Grants of Aid, Duty Lawyer, Drug Court and • The opening of the Legal Aid WA Family Legal Advice/Minor Assistance. A separate survey was also Court Services and the plans for new offices conducted on Community Legal Centres. As a result of the in the Great Southern, Mid West and survey, the overall satisfaction rating for criminal law clients Gascoyne regions has offered clients was 72.1% up from 71.7%. The Grants of Aid clients were improved services, particularly in the area of again the most satisfied group in this area of law, with a family law, and should improve Legal Aid satisfaction rating of 81%. Duty Lawyer clients had a WA’s position in the community. satisfaction rating of 74% and Legal Advice/Minor Assistance • The introduction of the Family Court service clients had a satisfaction rating of 55%. The Drug Court had a has highlighted the need to understand the satisfaction rating of 84%. interaction of our services particularly in We were also interested to find out how useful our online family law jurisdiction and the pathways and print publications were and how frequently accessed by through which our clients travel to access our key stakeholders, the Community Legal Centres. A survey our services. A comprehensive review of indicated a 84% rate of overall satisfaction up from 80% last client pathways has commenced to improve year. About 48% of the Community Legal Centres who use service and management of all client the online and print publications, either for their personal dealings with Legal Aid WA reference or to refer clients to it, use it at least once a week. • Over the next year there will be increased The main points of interest resulting from running the surveys focus on providing more client focused were: processes and information repositories. Efficient and easy retrieval of client • The more intense the service the client receives from Legal information will support improved matching Aid WA, the greater their satisfaction tends to be. of services to our clients • Satisfaction levels with the clients experience of applying • The Grants Online system will be expanded for legal aid ranged between 82% and 85% for various to include use by all private practitioners as aspects of the application. Most (86%) were satisfied with well as implementation within our legal the ease of making an application. practice section and service delivery points. • Apart from this response, the highest rated statement in This is expected to enable a significant each of the four client categories was that they were streamlining of business processes and the satisfied the lawyer listened to them while they explained opportunity to go fully electronic as far as their situation. information and recordkeeping is concerned. • The highest negative response was to the re-use of the • Information repositories will be made more same lawyer’s services, with between 24% and 41% of the accessible and relevant to other stakeholders clients in each client group stating that they would not like in the legal sector, especially our key clients to use the same lawyer again if a similar situation arose in and Community Legal Centres. There will the future. also be more focus on ensuring that staff are • Community Legal Centres generally find that Legal Aid trained in and more aware of our own WA’s online and print publications are useful and that is it information resources and precedents. easy to find the information they require. The overall • Maintaining and building on a number of satisfaction with the Legal Aid WA print and online internal networks to keep information publications has increased from 80% to 84% in the past flowing between sections, improve service year. flow and assist in identifying issues needing 66 further action. SECTION 7 STATISTICAL SUMMARY

67 SERVICES BY SERVICE TYPE

SERVICES BY SERVICE TYPE

04-05 % 03-04 % % change

Assessment and Case Management 12,589 8 12,953 8 -3

Legal Representation 8,146 5 8,407 5 -3

Child Support Assistance 689 0 799 0 -14

Legal Advice and Minor Assistance 28,207 17 32,503 20 -13

Telephone Information Line 69,506 43 65,590 41 6

Face to Face Services 7,628 5 7,547 5 1

Duty Lawyer 36,242 22 34,695 21 4

Total 163,007 100 162,494 100 0

*0% caused by rounding of percentages

DUTY LAWYER SERVICES

DUTY LAWYER SERVICES BY OFFICE AND LAW TYPE

Office Family % Crime % Civil % Total Central Law Courts 21 3 15,343 44 21 10 15,432 Family Court Services 112 17 40 0 0 0 169 Domestic Violence Unit 438 67 87 0 0 0 592 All Other Offices 84 13 19,908 56 188 90 20,249 Total 655 100 35,378 100 209 100 36,442

DUTY LAWYER SERVICES BY PRACTITIONER TYPE

35,000

30,892 30,000

27,520

25,000 DUTY LAWYER SERVICES

20,000 40,000 34,695 27,894 35,000

15,000 30,000

25,000

10,000 20,000

7,175 15,000

5,350 68 5,000 10,000

5,000

0 0 Inhouse External 04-05 03-04

04-05 03-04 APPLICATIONS RECEIVED

12,000

APPLICATIONS RECEIVED BY OFFICE 10,236 9,961 10,000

8,000

6,000

4,000

2,000 1,514 1,540

454 420 438 406 288 285 0 Perth Broome Bunbury Kalgoorlie South Hedland

04-05 03-04

APPLICATIONS RECEIVED BY LAW TYPE

04-05 % 03-04 % % change Family 4,339 35 4,480 35 -3 Crime 7,469 59 7,754 60 -4 Civil 781 6 719 5 9 Total 12,589 100 12,953 100 -3

APPLICATION TURNAROUND TIMES

04-05 % 03-04 % % change Same day 3,356 29 3,847 29 -13

1-5 days 6,570 53 6,806 53 -3 6-10 days 1,424 9 1,104 9 29

11-15 days 421 3 359 3 17 16-30 days 345 2 319 2 8

30+ days 473 4 518 4 -9 Total 12,589 100 12,953 100 -3 69 APPLICATIONS GRANTED

AID GRANTED BY GENDER AND LAW TYPE AID GRANTED BY WEEKLY INCOME 5,000 250 242* No. % $0 6,730 81 4,474 $1-$50 10 0

$51-$100 40 0

4,000 200 $101-$150 60 1 $151-$200 168 2

$201-$250 129 2

$251+ 1,135 14

Total 8,272 100 3,000 150 *0% caused by rounding of percentages **$0 bracket includes those assessed as satisfying the simplified means test because they receive a full government benefit.

2,000 100

1,443 INDIGENOUS AID GRANTED

1,000 50 04-05 % 03-04 % 848 893 Family 162 12 139 10 Crime 1,178 83 1,241 88 Civil 75 5 23 2 180 192 Total 1,415 100 1,403 100 0 0 Family Crime Civil

Female Male Other *Gender not applicable for child representation matters

2,500 250 242*

1803 AID GRANTED BY GENDER AND AGE GROUP

2,000 200

1409

1,500 150

881 827 783 1,000 100

658

553

500 50 295 70 253 260

151 96 48 13 0 0 0-17 18-20 21-30 31-40 41-50 51-65 66+

Female Male Other *Gender not applicable for child representation matters 80% GRANT RATE 73% BY LAW TYPE 70% 70%

65% 65%

60% 59% 56%

50% 48%

40%

34% 30%

20%

10%

0% Family Crime Civil All

04-05 03-04

APPLICATIONS GRANTED BY LAW TYPE

04-05 % 03-04 % % change Family 2,543 31 2,500 30 2 Crime 5,230 64 5,664 67 -8 Civil 373 5 243 3 53 Total 8,146 100 8,407 100 -3

APPLICATIONS GRANTED BY PRACTITIONER TYPE

Private 04-05 % 03-04 % % change

Family 2,035 40 1,907 38 7 Crime 2,796 56 3,000 59 -7

Civil 202 4 136 3 49 Total 5,033 100 5,043 100 0 Inhouse 71 Family 508 16 593 18 -14 Crime 2,434 78 2,664 80 -9 Civil 171 6 107 2 60 Total 3,113 100 3,364 100 -7 APPLICATIONS REFUSED PAYMENTS

APPLICATIONS REFUSED BY REASON CERTIFIED PAYMENTS TO PRACTITIONERS

52% Guidelines 67% Under $20,000 4% Guidelines and Means 13% $20,000-$49,999 19% Means 10% $50,000-$99,999 8% Means and Guidelines 5% $100,000-149,999 1% Means and Merit 6% $150,000-$199,999 2% Means, Merit and Guidelines 23% $200,000+ 5% Merit 9% Merit and Guidelines

CERTIFIED PAYMENTS TO APPLICATIONS REFUSED BY LAW TYPE PRACTITIONERS BY TOP 20 RANKING 04-05 % 03-04 % % change Firm $* Family 1,510 36 1,833 43 -18 Ian Hope 396,705 Crime 2,195 53 1,983 47 11 Civil 461 11 438 10 5 Mcdonald & Sutherland 274,271 Total 4,166 100 4,254 100 -2 Donna M Webb And Associates 271,467 Andree Horrigan 261,043 Paterson & Dowding 250,085 RECONSIDERATION Calverley Johnston 241,410 04-05 % 03-04 % % change Confirmed 650 50 771 54 -16 Kott Gunning 233,463 Varied 482 38 478 34 1 Ferrier Athanasiou & Kakulas 218,172 Pending 151 12 165 12 -8 Sicard Crisp 200,922 Total 1,283 100 1,414 100 -9 Bayly & O'Brien 189,688 Hammond Worthington Lawyers 187,979

EXTERNAL REVIEW Gunning Young 170,380

04-05 % 03-04 % % change Beau Hanbury 170,130 Confirmed 122 75 204 79 -40 David Manera 167,536 Varied 35 21 41 16 -15 Pacy Solicitors 160,633 Pending 6 4 12 5 -50

Total 163 100 257 100 -37 Clairs Keeley 146,547 Rattigan Kearney & Bochat 139,503 Hylton Quail 137,452 George Giudice Law Chambers 135,187 Christie & Strbac 132,453 72 *Certified payments include professional fees and disbursements SECTION 8 PERFORMANCE INDICATORS

73 CERTIFICATION OF PERFORMANCE INDICATORS FOR THE YEAR ENDED 30 June 2005

The Hon Jim McGinty MLA Attorney General

The following performance indicators for the Legal Aid Commission of Western Australia provide measures of Legal Aid WA’s effectiveness and efficiency in achieving its outcomes. We hereby certify the performance indicators are based on proper records, are relevant and appropriate for assisting users to assess Legal Aid WA’s performance, and fairly represent the performance of Legal Aid WA for the financial year ended 30 June 2005.

Malcolm McCusker AO QC George Turnbull Chairman Director

25 August 2005

74 AUDITOR GENERAL

INDEPENDENT AUDIT OPINION

To the Parliament of Western Australia

LEGAL AID COMMISSION OF WESTERN AUSTRALIA PERFORMANCE INDICATORS FOR THE YEAR ENDED JUNE 30, 2005

Audit Opinion In my opinion, the key effectiveness and efficiency performance indicators of the Legal Aid Commission of Western Australia are relevant and appropriate to help users assess the Commission’s performance and fairly represent the indicated performance for the year ended 30 June 2005.

Scope The Commission’s Role The Commission is responsible for developing and maintaining proper records and systems for preparing performance indicators.

The performance indicators consist of key indicators of effectiveness and efficiency.

Summary of my Role As required by the Financial Administration and Audit Act 1985, I have independently audited the performance indicators to express an opinion on them. This was done by looking at a sample of the evidence.

An audit does not guarantee that every amount and disclosure in the performance indicators is error free, nor does it examine all evidence and every transaction. However, my audit procedures should identify errors or omissions significant enough to adversely affect the decisions of users of the performance indicators.

D D R PEARSON AUDITOR GENERAL 25 August 2005

75 PERFORMANCE INDICATORS FOR 2004 - 2005

Services are provided through Legal Aid WA EXPLANATORY NOTES FOR EFFECTIVENESS to ensure: INDICATORS “The community and target groups have 1 Services where no eligibility criteria apply to regulate access to, and are provided quality legal access include telephone information services, community services”. education services, and Duty Lawyer services. This is achieved through the provision of a 2 Applicants for a grant of aid must satisfy certain criteria. range of services designed to meet the 3 In areas of family law only, some applicants are assisted via different needs of the community and a grant of aid to pursue a resolution through non-litigation specific target groups. Services include: options. 4 Telephone information and community education services • general information and advice to the include telephone information service both in Perth community, for example, via a telephone metropolitan and regional areas, policy advice sessions, information service, or where necessary, via community legal education and training, face to face a duty lawyer service, consultation, and Family Court information services. • legal assistance, for example, offering advice 5 Legal advice services include minor assistance where a and self-help services to clients to help them solicitor or paralegal (under the supervision of a solicitor) resolve a legal problem, or providing an out- provides personal assistance of up to three hours in reach preliminary consultation service, drafting negotiation letters, applications and court • community and education services, for documentation in most areas of law for non-complex example, publications and self-help kits, matters. • legal representation, where in special 6 Figures for legal representation services represent the circumstances and when no other solution is number of cases where legal representation is supplied. A considered appropriate, a person may be case is defined as an application for aid where a grant has recognised as in need of assistance, and been made. • alternative dispute resolution process for family disputes. TECHNICAL NOTES FOR EFFECTIVENESS Determining the type and extent of assistance INDICATORS provided to people is critical to Legal Aid’s Survey Methodology operations. Decisions about the Each year Legal aid undertakes an annual Client Satisfaction appropriateness of the service provided is Survey, alternating between family law and criminal law regulated by policies and procedures relating to clients. Criminal law clients were surveyed for the 2004/05 clients means, the nature and seriousness of year. Where possible, the surveys were designed to allow their legal problem and the availability of meaningful comparisons to be made to the most recent resources. Criminal Law customer satisfaction surveys, which were Effectiveness Indicators conducted for inclusion in the 2002-2003 Annual Report. The two key aspects of the outcome sought by Questionnaire Legal Aid WA as a result of the services The questionnaires were designed to balance the conflicting provided are “access to legal services” and needs of maintaining compatibility with previous years’ “service quality”. surveys and improving the questionnaire structure. This year’s Access to legal services is measured by Legal surveys were heavily based on those used in previous years. Aid WA by the extent to which legal services The survey instrument continues to use five point scales are made available to the general community (with 1 being very negative responses, and 5 being very and to target groups. positive). The quality of legal services is measured by This was the fourth year that the Online and Print Publications Legal Aid WA in terms of client satisfaction Users Community Legal Centres Survey was run. The only with particular aspects of service delivery, for change to the questionnaire from last year was the addition of example the effect the assistance had in two questions dealing the Community Legal Centre Bulletin helping them understand their legal situation, newsletter produced by Legal Aid to keep the sector 76 and how well they believed the lawyer informed of relevant developments. The additional questions represented them in court. were drafted by Legal Aid WA and were modified where appropriate by Data Analysis Australia with the agreement of The purpose of reporting the following Legal Aid WA. These questions add a new dimension to the performance indicators is to enable Community Legal centre’s survey. Although the changes government and the community to monitor the mean that care must be taken when comparing this year’s effectiveness and efficiency of Legal Aid WA in results to last year’s, it was felt the changes would provide achieving its agreed outcomes. useful information from a key stakeholder group. Survey Population There were 30 Community Legal Centres to be The target populations for the Duty Lawyer, Legal Advice, surveyed in the Online and Print Publications Grants of Aid and Drug Court surveys were those clients who Users Community Legal Centres Survey. received these respective types of assistance from Legal Aid The survey response rate for criminal law clients WA in these between 1 May 2004 and 30 April 2005. The was 58% and an 87% response rate was target population sizes were 4,633 for Duty Lawyer, 599for achieved for Community Legal Centres. Legal Advice, 502 for Grants of Aid and 109 for the Drug Court. Survey Implementation To sustain comparability in methodology to past The Online and Print Publications Users Community Legal client satisfaction surveys, telephone Centres Survey was conducted as a Census of all Community interviewing was adopted, using a Computer Legal Centres in Western Australia. The list of the Community Aided Telephone Interviewing (CATI) system. Legal Centres was provided by Legal Aid WA. For each The CATI system is scripted to guide the centre, Legal Aid WA also provided a contact name of the interviewer through the interview so that most appropriate person to answer the questionnaire on the interviewer bias is minimised and data quality is Centre’s behalf. improved over paper-based alternatives. The Sample Sizes interviewers were instructed to make three The sample sizes for the four Criminal Law client groups’ attempts to contact each client selected in the satisfaction surveys were designed to balance the survey before deeming that client non- requirements of obtaining accuracy to within about 5% and contactable and replacing them with the next having sufficient sample sizes for each survey group to allow client in the sampling list. valid statistical analysis at the individual survey level and to Since the Online and Print Publications Users make comparisons between the surveys. The requirements questionnaire was targeted at agencies instead of surveying a target of 400 clients in total also had to be of individual respondents, pre-contact was made satisfied. in the form of an email and fax which had an When examining the client lists for the surveys, it was found explanatory letter and a copy of the that the number of clients who appeared in the Drug Court in questionnaire, in order to allow them time to the last 18 months was very small. There were only 108 consider their answers to the survey and discuss clients of the Drug Court with valid phone numbers, which them with colleagues. Staff were asked not to resulted in 17 successful interviews. It was decided to fill in the questionnaires and return them, but to include all 17 in the sample. The remainder of the sample of have the answers ready for when a fieldworker 400 was allocated proportional to the square root of the contacted them to conduct a telephone population size between Duty Lawyer, Legal Advice and interview. Centres that had not heard of or used Grants of Aid. Each of the samples was selected randomly. the Legal Aid WA online and print publications were screened out of the survey. The CATI As the number of interviews required was dependent on the system was used to conduct this survey as well. number of Drug Court interviews, slightly more than 400 interviews were conducted to ensure that the minimum Estimation Methodology requirements were met. The estimated level of accuracy Satisfaction levels were calculated as the sum of obtained from the target sample sizes was 4.4%, assuming a the non-missing responses on the positive side satisfaction level of 70% for each client group. The accuracy of neutral (that is, agree and strongly disagree), levels for the individual surveys are higher, but still within expressed as a percentage of the total number acceptable error bounds. The achieved overall level was of responses excluding “not applicables”. The 4.8%. The following table shows the breakdown of the “not applicables” were excluded from the sample into the four survey areas, after adjusting for the low denominator because their inclusion can number of successful Drug Court interviews. artificially deflate the observed satisfaction levels. This methodology is consistent with that used in 2002/2003. TABLE 1. SAMPLE SIZES AND RESULTING LEVELS OF ACCURACY The denominator in the percentage is not always equal to the sample size. This is because the 77 Client Group Population Sample Level of denominator is calculated as the number of Size (N) Size (n) Accuracy responses to that particular question, and each Duty Lawyer 4,633 208 ±5.8% question could have different numbers of Legal Advice 599 100 ±8.9% responses due to clients refusing to answer a Grants of Aid 502 79 ±7.9% particular question, or being skipped past the question due to an earlier response. Drug Court 109 17 ±19.7% Total 5,843 404 ±4.8% DESIRED OUTCOMES AND KEY EFFECTIVENESS INDICATORS

Desired Outcome: The right to justice and safety for all people in Western Australia is preserved and enhanced

Reasons for Significant 2003 2004 2005 2005 Variance between 2005 Actual Actual Target Actual Target and 2005 Actual Community Services - where no eligibility 71% 70% 77% 72% Target for 2005 reported restrictions apply to regulate access as incorrectly as 77%. a percentage of total services provided. Correct target for 2005 should be 72%. Target group services - 65% 65% 64% 65% applications approved for a grant of aid as a percentage of all applications received Percentage of clients satisfied with service provided: - Criminal Law 71% - 75% 72% Percentage of clients satisfied with 90% 80% 80% 84% Increase in satisfaction online and print publications influenced by ease of comprehension and relevance of website content.

Service 1: Legal Aid Assistance (i)

Reasons for Significant 2003 2004 2005 2005 Variance between 2005 Key Efficiency Indicators Actual Actual Target Actual Target and 2005 Actual

State Law:

Average cost per call 13 14 12 13 Average cost per service: face to face information 25 21 21 21 Average cost per service: duty lawyer service 70 70 76 78 Average cost per legal advice 82 97 102 99 Average cost per minor assistance 228 197 210 203 Average cost per application processed 157 123 120 143 Increase due to unanticipated time required in assessing civil grants in particular Department of Community Development abuse cases. Average cost per legal representation 1,558 1,575 1,591 1,818 Increase due to case mix shift to more superior court work involving more complex issues and higher fees.

78 (i) The community and target groups require access to and the provision of quality legal services. This service contributes to an orderly community by responding to demand for legal assistance through application of priority guidelines. This is achieved through the provision of eligibility and merit tests to enable legal representation to be provided to legally aided clients by grants of aid and assignment of cases to in-house or private practitioners. Legal advice, duty lawyer services and community legal education is provided to assist the wider community to access fair solutions to legal problems at the earliest opportunity. Minor assistance service is designed to provide hands on help to clients in progressing their own legal matter. Reasons for Significant 2003 2004 2005 2005 Variance between 2005 Key Efficiency Indicators Actual Actual Target Actual Target and 2005 Actual

Commonwealth Law:

Average cost per call 17 18 14 18 Increase influenced by 22% lower than projected calls. Average cost per service: face to face information 20 20 19 26 Impacted by new family court rules relating to pre-action procedures increasing length of service and the commencement of the new Family Court Services program in March 2005. Average cost per service: duty lawyer service 58 47 56 88 Increase influenced by a more time intensive service delivered at the Family Court since March 2005 (services are 150% more expensive). Average cost per legal advice 67 75 80 94 Increase due to a 17% reduction in outputs again due to impact of new family court rules and influence of the new Family Court Services program in March 2005. Average cost per minor assistance 140 132 160 178 Increase influenced by an increase in the complexity of services and high staff turnover resulting in increased induction and training costs with reduced outputs of 15%. Average cost per application processed 583 433 421 487 Increase influenced by a reduction in applications received and increase in grants for primary dispute resolution involving intensive screening. Average cost per legal representation 2,842 2570 2,512 2,716 Increase due to a 6% increase in the private practitioner fee scale from September 2004. Cost per child support service 1,082 1,100 1,033 1,394 Increase influenced by a 14% decrease in outputs as a result of unfilled extended staff leave.

79 Dear Andrew

I would like to take the opportunity to sincerely thank you for your support and help with the child Dear Ruth support agency. I am very Thankyou for your fantastic manner and happy with everything you direct, professional advice. I could not have have done for me. You gave asked for a better lawyer to represent me. me hope when I didn’t think there was any, especially in You have made a difficult situation as easy the situation I came to be in. as possible. I would have no hesitation in Thanks again, you’re great!! recommending your quality services. I sincerely thank you once again.

“Dear Tracey,

Thank you for your time and patience!”

ADR client Dear Sylvia

Thank you so much for all your help and support. I really couldn’t have got through this without you. I truly appreciate everything you’ve done. THANKS. 80 Client Feedback SECTION 9 FINANCIAL STATEMENTS

81 STATEMENT OF CERTIFICATION

Financial Statements for the Year ended 30 June 2005

The Hon Jim McGinty MLA Attorney General

The accompanying financial statements for the Legal Aid Commission of Western Australia have been prepared in compliance with the provisions of the Financial Administration and Audit Act 1985 from proper accounts and records to present fairly the financial transactions for the financial year ended 30 June 2005, and the financial position as at 30 June 2005. At the date of signing, we are not aware of any circumstances which would render any particulars included in the financial statements misleading or inaccurate.

George Turnbull Murray Cribb Director Principal Accounting Officer

Malcolm McCusker AO QC Chairman

25 August 2005

82 AUDITOR GENERAL

INDEPENDENT AUDIT OPINION

To the Parliament of Western Australia

LEGAL AID COMMISSION OF WESTERN AUSTRALIA FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2005

Audit Opinion In my opinion, (i) the controls exercised by the Legal Aid Commission of Western Australia provide reasonable assurance that the receipt, expenditure and investment of moneys, the acquisition and disposal of property, and the incurring of liabilities have been in accordance with legislative provisions; and (ii) the financial statements are based on proper accounts and present fairly in accordance with applicable Accounting Standards and other mandatory professional reporting requirements in Australia and the Treasurer’s Instructions, the financial position of the Legal Aid Commission of Western Australia at 30 June 2005 and its financial performance and cash flows for the year ended on that date.

Scope The Commission’s Role The Commission is responsible for keeping proper accounts and maintaining adequate systems of internal control, preparing the financial statements, and complying with the Financial Administration and Audit Act 1985 (the Act) and other relevant written law. The financial statements consist of the Statement of Financial Performance, Statement of Financial Position, Statement of Cash Flows and the Notes to the Financial Statements.

Summary of my Role As required by the Act, I have independently audited the accounts and financial statements to express an opinion on the controls and financial statements. This was done by looking at a sample of the evidence. An audit does not guarantee that every amount and disclosure in the financial statements is error free. The term “reasonable assurance” recognises that an audit does not examine all evidence and every transaction. However, my audit procedures should identify errors or omissions significant enough to adversely affect the decisions of users of the financial statements.

D D R PEARSON AUDITOR GENERAL 25 August 2005 83 LEGAL AID COMMISSION OF WESTERN AUSTRALIA STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2005

Note 2004/05 2003/04 $$ CURRENT ASSETS Cash Assets 2 11,437,211 10,074,547 Restricted Cash Assets 3 1,518,917 1,513,435 Receivables 4 1,446,100 984,214 Prepayments 10,280 62,018 Total Current Assets 14,412,507 12,634,214

NON-CURRENT ASSETS Property, Plant Equipment and Vehicles 5 1,874,436 1,679,158 Receivables 4 2,911,910 2,922,198 Total Non-Current Assets 4,786,347 4,601,356

Total Assets 19,198,854 17,235,570

CURRENT LIABILITIES Payables 6 7,556,942 7,539,834 Provisions 7 1,496,705 1,213,142 Total Current Liabilities 9,053,647 8,752,976

NON-CURRENT LIABILITIES Provisions 7 1,632,666 1,532,015 Total Non-Current Liabilities 1,632,666 1,532,015

Total Liabilities 10,686,313 10,284,991

Net Assets 8,512,541 6,950,579

EQUITY Contribution by Owner 8 595,669 595,669 Capital Reserve 8 2,460,353 - Capital Investment Fund 8 1,054,437 - Accumulated Surplus 8 2,775,968 4,749,795 Asset Revaluation Reserves 9 140,043 115,043 Asbestosis Account Reserve 3 1,486,071 1,490,071 TOTAL EQUITY 8,512,541 6,950,578

The Statement of Financial Position should be read in conjunction with the accompanying notes.

84 LEGAL AID COMMISSION OF WESTERN AUSTRALIA STATEMENT OF FINANCIAL PERFORMANCE AS AT 30 JUNE 2005

Note 2004/05 2003/04 $$ COST OF SERVICES Expenses from Ordinary Activities Legal Services Expenses 10 10,992,114 10,615,490 Employee Expenses 11 15,215,554 14,267,446 Cost of disposed non-current assets 18 207,820 353,586 Services and Contracts 13 3,540,474 2,999,060 Depreciation expenses 14 535,318 409,922 Other Expenses from Ordinary Activities 4,12 3,443,834 1,574,818 Total Cost of Services 33,935,115 30,220,323

Revenues from Ordinary Activities Revenue from operating activities Revenue from services 15 1,301,945 1,202,371 Commonwealth Grants and Contributions 16 13,686,176 12,257,878 Legal Contribution Trust 901,049 131,977

Revenue from non-operating activities Proceeds from disposal of non-current assets 18 188,350 323,114 Interest Revenue 19 708,761 615,764 Other Revenue from Ordinary Activities 4,17 543,317 408,670 Total Revenues from Ordinary Activities 17,329,598 14,939,774

Net Cost of Services 22 (16,605,517) (15,280,549) REVENUES FROM STATE GOVERNMENT State Government Grant 20 18,142,479 16,264,780 Total Revenues From State Government 18,142,479 16,264,780

Change in Net Assets 1,536,963 984,231 Net Increase/(decrease) in asset revaluation Reserve 9 25,000 3,220

Total changes in equity other than those resulting from transactions with WA State Government as owners 1,561,963 987,451

The Statement of Financial Performance should be read in conjunction with the accompanying notes.

85 LEGAL AID COMMISSION OF WESTERN AUSTRALIA STATEMENT OF CASH FLOWS AS AT 30 JUNE 2005

Note 2004/05 2003/04 $$ Inflows Inflows (Outflows) (Outflows) CASH FLOWS FROM STATE GOVERNMENT State Government Grant 18,134,301 17,199,660 Net Cash provided by State Government 18,134,301 17,199,660

Utilised as follows: CASH FLOWS FROM OPERATING ACTIVITIES Payments Payments for legal services (10,803,647) (10,900,142) Employee Costs (15,307,788) (12,002,474) Supplies and Services (6,867,790) (6,063,813) GST Payments to Taxation Authority (1,801,986) (1,624,976) Receipts Sale of Goods and Services 1,399,214 1,333,371 Commonwealth grants and contributions 13,683,341 12,002,054 Interest received 670,766 610,150 GST Receipts on sales 113,929 239,803 GST Receipts from Taxation Authority 1,620,198 1,469,962 Other Receipts 363,819 319,084 Child Representation Trust 9,482 23,364 Legal Contribution Trust 901,049 131,977 Net Cash Used in Operating Activities 22 (16,019,413) (14,461,641)

CASH FLOWS FROM INVESTING ACTIVITIES Purchase of Non-Current Physical Assets (935,092) (920,847) Proceeds from sale of Non-Current Physical Assets 188,350 323,114 Net Cash Used in Investing Activities (746,742) (597,732) Net Cash Used in Operating and Investing Activities (16,766,155) (15,059,374)

Net increase/(decrease) in cash held 1,368,145 2,140,286

Cash assets at the beginning of financial year 11,587,982 9,447,696 Cash assets at the end of financial year 21 12,956,127 11,587,982

The Statement of Cash Flows should be read in conjunction with the accompanying notes.

86 THE DIRECTOR OF LEGAL AID AND OTHERS IN TRUST STATEMENT OF RECEIPTS AND PAYMENTS FOR THE YEAR ENDED 30 JUNE 2005

2004/05 2003/04 $$ FUNDS ON HAND 1 July 2004 0 0

RECIPTS in year 00 Interest received in year 0 0

PAYMENTS in year 00 Bank charges 00 FUNDS ON HAND 30 June 2005 0 0

Represented by funds in BANKWEST 00

We hereby certify that the Statement of Receipts and Payments has been prepared from proper accounts and records to present fairly the financial transactions for the financial year ended 30 June 2005, and the Funds on Hand as at 30 June 2005.

George Turnbull Director of Legal Aid

Murray Cribb Principal Accounting Officer

87 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

1 Significant Accounting Policies Statement of Accounting Policies The following accounting policies have been adopted in the preparation of financial statements. Unless otherwise stated these policies are consistent with those adopted in the preceding year.

General Statement The financial statements constitute a general purpose financial report which has been prepared in accordance with Accounting Standards, Statements of Accounting Concepts and other authoritative pronouncements of the Australian Accounting Standards Board, and Urgent Issues Group (UIG) Consensus Views as applied by the Treasurer’s Instructions. Several of these are modified by the Treasurer’s Instructions to vary application, disclosure, format and wording. The Financial Administration and Audit Act and the Treasurer’s Instructions are legislative provisions governing preparation of financial statements and take precedence over Accounting Standards, Statements of Accounting Concepts and other authoritative pronouncements of the Australian Accounting Standard Board and UIG Consensus Views. The modifications are intended to fulfil the requirements of general application to the public sector, together with the need for greater disclosure and also to satisfy accountability requirements. If any such modification has a material or significant financial effect upon the reported results, details of that modification and where practicable the resulting financial effect are disclosed in individual notes to these financial statements.

Basis of Accounting The statements have been prepared on the accrual basis of accounting using the historical cost convention, except for certain assets and liabilities which, as noted, are measured at fair value.

(a) Depreciation All non current assets having a limited useful life are systematically depreciated over their estimated useful lives in a manner which reflects the consumption of their future economic benefits. Depreciation is calculated on the straight line basis, using rates which are reviewed annually. Expected useful lives for each class of depreciable asset are: Buildings on Freehold Land 50 years Furniture and Fixture 5 to 13 years Leasehold Improvements 6 to 20 years Office Equipment 5 to 10 years IT Equipment 3 to 4 years Motor Vehicle 2 to 3 years

(b) Grants of Aid Grants of Aid are recognised as a liability on approval of a grant of aid based on a provisional cost estimate. The provisional cost estimate reflects the estimated cost of the assignment based on the relevant scale of fees. Levies towards the cost of aid by Legal Aid clients are recognised as an asset on approval of the grant of aid. Provision for bad debts is provided for in accordance with paragraph 4(i).

(c) Revaluation of Land and Buildings The Commission has a policy of valuing land and buildings at fair value. The annual revaluations are undertaken by Department of Land Information (Valuations Services) and are recognised in the financial statements. Increments have been taken to assets revaluation reserve. Decrements have been offset against previous increments (if any) relating to the same class of assets and the balance (if any) charged against profits. Other assets are recognised at cost.

88 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

(d) Employee benefits

Annual Leave This benefit is recognised at the reporting date in respect to employees’ services up to that date and is measured at the nominal amounts expected to be paid when the liabilities are settled.

Long Service Leave A liability for long service leave is recognised, and is measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date, after the officer has completed three years of service. An actuarial assessment of long service leave was carried out at 30 June 2004, and it was determined that the actuarial assessment of the liability was not materially different from the liability reported. This method of measurement of the liability is consistent with the requirements of Australian Accounting Standard AASB 1028 “Accounting For Employee Entitlements”.

Superannuation Staff may contribute to the Pension scheme, a defined benefits pension scheme now closed to new members, or to the Gold State Superannuation Scheme, a defined benefit and lump sum scheme now also closed to new members. All staff who do not contribute to either of these schemes become non-contributory members of the West State Superannuation Scheme, an accumulation fund complying with the Commonwealth Government Superannuation Guarantee (Administration) Act 1992. All of these schemes are administered by the Government Employees Superannuation Board (GESB). From June 2003, the Treasurer has assumed the liability for pension and pre-transfer benefit superannuation liabilities. The assumption has been designated a contribution by owners under TI 955 (3) (iv). An expense equivalent to the change in this liability during this year has been included under Employee Expenses. The liability for superannuation charges under the Gold State Superannuation Scheme and West State Superannuation Scheme are extinguished by payment of employer contributions to the GESB. The note disclosure required by paragraph 6.10 of AASB 1028 (being the employer’s share of the difference between employee’s accrued superannuation benefits and the attributable net market value of planned assets) has not been provided. State Scheme deficiencies are recognised by the State in its whole of Government reporting. The Government Employees Superannuation Board’s reports are not structured to provide the information for the Commission. Accordingly, deriving the information for the Commission is impractical under current arrangements, and thus any benefits thereof would be exceeded by the cost of obtaining the information.

Employee benefit on-costs Employee benefit on-costs are recognised and included in employee benefit liabilities and costs when the employee benefits to which they relate are recognised as liabilities and expenses. (See note 7 and 11)

(e) Leased Assets The Commission has entered into a number of operating lease arrangements for buildings, office equipment and motor vehicles, where the lessors effectively retain all of the risks and benefits incidental to ownership of the items held under the operating leases. Equal instalments of the lease payments are charged to the operating statement over the lease term, as this is representative of the pattern of benifits to be derived from the leased property.

(f) Grants Grants are recognised as revenues in the period in which the Commission gains control of the appropriate funds. Control is normally obtained upon their receipt.

89 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

(g) Receivables Unsecured Debtors Unsecured debtors are recognised at the amounts receivable as they are due for settlement no more than 42 days from the date of recognition. Collectability of receivables is reviewed on an ongoing basis. Debts which are known to be uncollectable are written off. A provision for doubtful debts is raised where some doubts to collection exists.

Secured Debtors Secured debtors balances are only payable to the Commission on the sale or other alienation of the property. Due to the long term nature of these debts, a provision for discount is raised which enables the balance to be shown at the Net Present Value. Collectability of receivables is reviewed on an ongoing basis. Debts which are known to be uncollectable are written off. A provision for doubtful debts is raised where some doubts to collection exists.

(h) Payables Payables, including accruals not yet billed, are recognised when the Commission becomes obliged to make future payments as a result of a purchase of assets or services. Trade payables are generally settled within 30 days. Grant of aid commitments are settled as the case progresses.Given time constraints matters can be outstanding for between 3 months and 2 years.

(i) Accrued Salaries Accrued salaries represent the amount due to staff but unpaid at the end of the financial year, as the end of the last pay period does not coincide with the end of the financial year. The Commission considers the carrying amount approximates net fair value. (See note 6)

(j) Comparative figures Comparative figures are, where appropriate, reclassified so as to be comparable with the figures presented in the current financial year.

2 Cash Assets

2004/05 2003/04 $$ Bank Accounts 11,431,076 10,068,712 Cash on Hand - Petty Cash 6,135 5,835 11,437,211 10,074,547

90 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

3 Restricted Cash Assets (I) The Asbestosis Account was established in January 1989 to fund the granting of legal aid in relation to asbestosis-related actions. The Commission pays into the Account all amounts that it receive as costs recovered from asbestosis-related actions by plaintiffs to whom the Commission has granted legal aid.

2004/05 2003/04 $$ Balance of Funds 1 July 2004 - Opening Balance 1,490,071 1,485,071 Revenue: ~ Recovered Costs - - ~ Interest - 250,739 1,490,071 1,735,810 Expenditure ~ Private Practitioners 4,000 5,000 ~ Reclassification to Cash Assets - (250,739) Balance of Funds 30 June 2005 - Closing Balance 1,486,071 1,490,071

(ii) The Child Representation Trust Fund has been established essentially for monies received from clients contributions. These contributions are not received from the aided person being the child, but from other parties to the proceedings, typically being the parents of the child.

2004/05 2003/04 Child Representation Trust Fund $ $ Balance of Funds 1 July 2004 23,364 - Receipts 36,000 27,179 59,364 27,179 Payments 26,518 3,815 Balance of funds 30 June 2005 32,846 23,364

91 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

4 Receivables

2004/05 2003/04 $$ Current Unsecured debts 1,789,409 1,382,538 Less: Provision for doubtful debts (343,309) (398,323) 1,446,100 984,214 Non Current Secured Debts 3,559,710 3,646,975 Less: Provision for doubtful debts (20,000) (20,000) Less: Provision for discount (627,800) (704,777) 2,911,910 2,922,198 4,358,010 3,906,412 Secured Debts Legal assistance may be granted subject to a condition that the legal costs be secured by a charge being lodged against property registered in the name of the legally assisted person. Full payment of the debt secured is required on sale or other alienation of the property. History has shown that the average repayment period of secured debts is around eight years. No interest is charged on the outstanding debt. In accordance with AAS 15 an implicit interest adjustment is made to take account of this long term repayment aspect. Secured debtors were discounted at 5.10% (2004: 5.68%) using the 5 year government bond rate as at June 30, 2005.

(i) Provision for Doubtful Debts 2004/05 2003/04 $$ Balance 30 June 2004 418,323 420,899 Bad debts written off 2004/05 (10,076) (16,746) 408,247 404,153 Provision 2004/05 (44,938) 14,170 363,309 418,323

Debts written off for 2004/05 were authorised by - the Accountable Commission - 10,076 16,746

(ii) Provision for Discount

2004/05 2003/04 $$ Balance 30 June 2004 704,777 683,152 Implicit interest charge / (writeback) (76,977) 21,625 Provision 2004/05 627,800 704,777

92 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

5 Non-Current Assets - Property, plant, equipment and vehicles (i) Profits and losses on disposal of non-current assets are taken into account in determining the results for the year.

2004/05 2003/04 $$ Land At Fair Value (I) 75,000 50,000 Accumulated Depreciation - - Net Value 75,000 50,000 Buildings At Fair Value (I) 160,000 160,000 Accumulated Depreciation (17,420) (14,220) Net Value 142,580 145,780 Fixtures and Fittings At Cost 40,943 40,943 Accumulated Depreciation (22,051) (19,627) Net Value 18,892 21,316 Leasehold Improvements At Cost 1,156,390 980,256 Accumulated Depreciation (815,421) (692,651) Net Value 340,969 287,604 Furniture and Equipment At Cost 1,798,708 1,517,718 Accumulated Depreciation (915,981) (708,806) Net Value 882,727 808,912 Motor Vehicles At Cost 475,202 416,314 Accumulated Depreciation (60,933) (50,767) Net Value 414,269 365,546 Total Net Value of Assets 1,874,436 1,679,158

(I) Land and Buildings The revaluations were provided by Department of Land Information as at 1 July 2004 and represent the valuations in the Government Property Register managed by the Government Property Office. The valuation was provided on the basis of current market value using “curb side” estimate.

93 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

(ii) Reconciliations Reconciliations of the carrying amounts of property, plant, equipment and vehicles at the beginning and end of the current and previous financial year are set out below.

Land Buildings Fixtures Leasehold Furniture & Motor & Fittings Improvements Equipment Vehicles Total $$ $ $ $$$ 2004/05 Carrying amount at start of year 50,000 145,780 21,316 287,604 808,912 365,546 1,679,158 Additions 176,134 430,479 331,375 937,988 Disposals (6,512) (201,307) (207,819) Revaluation increments 25,000 25,000 Revaluation decrements - Depreciations (3,200) (2,424) (122,769) (325,584) (81,345) (535,322) Write - off of Assets < $1,000 (24,569) (24,569) Carrying amount at the end of year 75,000 142,580 18,892 340,969 882,726 414,269 1,874,436

6 Payables

2004/05 2003/04 $$ Grant of Aid Commitments 5,487,878 5,290,756 Grant of Aid Commitments - Police Royal Commission - - Accrued Salaries - 652,199 Staff Benefit Fund 53,805 38,969 Child Representation Trust Fund 32,846 23,364 Accrued Expenses 369,970 259,083 Government Grants in advance 1,612,233 1,275,463 Unclaimed Monies 210 - 7,556,942 7,539,834

(i) Payables The Commission considers the carrying amounts of accounts payable approximate their net fair values.

(ii) Accrued Salaries Amount owing is nil as last pay occurred on the 30 June 2005. (2004 - 18 June to 30 June, 9 working days)

94 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

7 Provisions

2004/05 2003/04 $$ Current Annual leave 885,621 749,110 Long service leave 611,084 464,032 1,496,705 1,213,142 Non Current Long service leave 1,632,666 1,532,015 Superannuation - 595,669 Unfunded liability transfer to Treasury - (595,669) 1,632,666 1,532,015

(I) The settlement of annual and long service leave liabilities gives rise to the payment of employment on-costs including superannuation and workers compensation premiums. The liability for such on-costs is included here. The associated expense is included under Salaries and Staff Related Expenses. (ii) From June 2003, the Treasurer has assumed the liability for pension and pre-transfer benefit superannuation liabilities. The assumption has been designated a contribution by owners under TI 955 (3) (iv). An expense equivalent to the change in this liability during this year has been included under Employee Expenses.

8 Equity (i) Accumulated Funds

2004/05 2003/04 $$ Opening Balance 4,749,794 506,513 Less: Transfer to Capital Reserve (2,460,353) - Less: Transfer to Capital Investment Fund (1,054,437) 3,264,051 Add: Transfer from Asbestosis Account Reserve 4,000 (5,000) 1,239,004 3,765,564 Change in net assets resulting from Operations 1,536,964 984,230 Closing balance of accumulated surplus 2,775,968 4,749,794

Adjustment to opening surplus relates to the transfer of interest earned from Asbestosis Account Reserve.

(ii) Contribution by Owner

2004/05 2003/04 $$ Opening Balance 595,669 - Unfunded liability transfer to Treasury - 595,669 Closing Balance 595,669 595,669 95 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

9 Reserves (i) Asset Revaluation

2004/05 2003/04 $$ Opening Balance 115,043 111,823 Net Revaluation Increment/(Decrement) Land 25,000 14,000 Buildings - (10,780) Closing Balance 140,043 115,043

The asset revaluation reserve is used to record increments and decrements on the revaluation on non-current assets, as described in accounting policy note 1(c).

(ii) Asbestosis Account Reserve

2004/05 2003/04 $$ Opening Balance 1,490,071 4,749,122 Transfer to Accumulated Surplus - (3,264,051) Private Practitioners Fees (4,000) 5,000 Closing Balance 1,486,071 1,490,071

Transfer from Asbestosis Account Reserve relates to the transfer of interest earned to the Accumulated Surplus (See note 3(i)).

10 Legal Service Expenses

2004/05 2003/04 $$ Grant of Aid Expenses ~ Assignment Costs 10,661,588 10,293,522 ~ Asbestosis Case Costs 4,000 (5,000) 10,665,588 10,288,522 Other Service Expenses ~ Legal Advice 183,383 151,535 ~ Duty Lawyer 143,143 175,433 10,992,114 10,615,490

96 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

11 Employee Expenses

2004/05 2003/04 $$ Salaries and Staff Related Expenses Salaries 13,111,636 12,304,240 Annual Leave Expense 136,510 (70,192) Long Service Leave Expense 247,704 345,474 13,495,850 12,579,522 Staff Related Expenses Superannuation 1,213,067 1,174,079 Superannuation Provision State Superannuation - Pre Transfer 83,202 190,447 Staff Training 129,775 95,778 Other Staff Related Expenses 293,659 227,620 1,719,704 1,687,924 15,215,554 14,267,446

These employee expenses include superannuation, workers compensation premiums and other employment on- costs associated with the recognition of annual and long service leave liability. The related on-costs liability is included in Provisions at Note 7.

12 Other Expenses from Ordinary Activities

2004/05 2003/04 $$ Communications 446,703 427,858 Consumables 597,831 534,025 Maintenance 259,114 278,072 Bad Debts written off 10,076 16,746 Doubtful Debts Expense (55,014) (2,575) Implicit Interest charge - 21,625 State CLC Program 1,885,963 116,000 Other 299,162 183,068 3,443,834 1,574,819

97 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

13 Services and contracts

2004/05 2003/04 $$ Accommodation 1,622,713 1,544,761 Information Technology 956,013 841,764 Other 961,747 612,535 3,540,474 2,999,060

Audit Fees for $$ Audit by the Office of the Auditor General 42,000 40,000 42,000 40,000

14 Depreciation expenses

2004/05 2003/04 $$ Depreciation Buildings 3,200 3,421 Office Equipment 42,929 45,731 IT Equipment 258,698 180,881 IT Software 21,798 9,646 Motor Vehicles 81,345 53,361 Fixtures and Fittings 2,424 1,787 Leasehold Improvements 122,765 112,725 Furniture 2,159 2,370 Library -- 535,318 409,922

An increase in depreciation rate from 15% to 20% for Motor Vehicles has incresed the depreciation expense for 2004/05.

15 Revenue from Services

2004/05 2003/04 $$ Client contributions and fees on grants of aid 779,073 733,836 Cost recoveries on grants of aid 339,953 302,376 Recovered Costs on Asbestosis matters - - Legal Advice Fees 75,380 83,133 Duty Lawyer Fees 87,288 74,249 Community Legal Education 20,251 8,777 1,301,945 1,202,371 98 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

16 Commonwealth Grants and Contributions

2004/05 2003/04 $$ Operating Grant as per 2004 Funding Agreement 13,490,520 12,047,283 Christmas/Cocos Islands 195,656 210,595 13,686,176 12,257,878

17 Other Revenue from Ordinary Activities

2004/05 2003/04 $$ State - Specific Purpose Contributions 148,773 229,699 Other Misc. Income 188,718 117,200 Dept of Immigration and Ethnic Affairs 128,849 61,771 Implicit Interest writeback 76,977 - 543,317 408,670

18 Net Gain(losses) on disposal of non-current assets

2004/05 2003/04 $$ Furniture & Motor Land Buildings Furniture & Motor Equipment Vehicles Equipment Vehicles Gain on Sale of Non-Current Assets Asset written down value 40,266 90,406 3,251 Gross proceeds on disposal of asset 1,250 45,455 97,604 6,561

Loss on Sale of Non-Current Assets Assets written down value 6,512 161,041 24,300 12,200 223,429 Gross proceeds on disposal of asset 1,909 139,735 24,300 32 194,618 Net Gain/(Loss) (3,353) (16,117) - 7,198 (8,858) (28,811)

19 Interest Revenue

2004/05 2003/04 $$ Interest on Legal Aid Operational Funds 444,018 365,025 Interest earned on Capital Reserve 205,004 Interest earned on Asbestosis Account 59,740 250,739 708,761 615,764

99 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

20 Consolidated Fund - Recurrent Appropriation

2004/05 2003/04 State Government Funding $ $ State Government Funding 18,142,479 16,264,780 18,142,479 16,264,780

The Legal Aid Commission is an output of the Department of Justice for the purposes of the State Budget, and receives State Government funding through the Department.

21 Reconciliation of Cash For the purpose of the Statement of Cash Flows, cash includes cash resources and restricted cash resources.

2004/05 2003/04 $$ Cash Resources Bank Accounts 11,431,075 10,068,712 Cash on Hand 6,135 5,835 11,437,210 10,074,547 Restricted Cash Resources Asbestosis Account 1,486,071 1,490,071 Child Representation Trust Fund 32,846 23,364 1,518,917 1,513,435 12,956,127 11,587,982

100 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

22 Reconciliation of Net Cash Used in Operating Activities to Net Cost of Services

2004/05 2003/04 $$ Net Cash used in operating activities (16,019,413) (14,461,641) Non Cash Items Depreciation (535,318) (409,922) Net profit (Loss) on disp. of Non-Current Assets (19,471) (30,472) Accrued Assets 2,896 17,830 Asset write off (24,570) - Changes in Assets and Liabilities Increase (Decrease) in Accounts Receivable (I) 328,726 (91,255) Increase (Decrease) in Prepayments (51,738) 40,051 Decrease (Increase) in Accounts Payable (I) (25,286) 272,925 Increase (Decrease) in Provision for Doubtful Debts 55,014 (2,575) Decrease (Increase) for Annual and Long Service Leave (384,214) (340,253) Decrease (Increase) in Provision for Superannuation - (190,447) Accounts Receivable write down - - Adjustment to opening surplus - - Change in GST in receivables/payables 67,858 (84,788) Net Cost of Services (16,605,517) (15,280,547)

(I) This is the net GST paid/received, ie. Cash transactions. (II) This reverses out the GST in accounts receivable and payable.

23 Leasing Commitments At 30 June 2005, the following commitment existed in respect of operating leases.

2004/05 2003/04 $$ Amount payable: Not later than 1 year 1,905,984 1,659,023 Later than 1 year and not later than 2 years 1,795,994 381,220 Later than 2 years and not later than 5 years 5,139,791 343,439 Later than 5 years. 8,962,648 61,026 17,804,418 2,444,708

Representing: Non-cancellable operating leases 17,804,418 2,444,708 17,804,418 2,444,708

101 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

24 Remuneration of Members of the Accountable Commission and Senior Officers

2004/05 2003/04 $$ The total remuneration of of the members of the Accountable Commission is: 378,865 329,909

The total remuneration of senior officers is: 403,542 370,675

The superannuation included here represents the superannuation expense incurred by the Commission in respect of members of the Accountable Commission.

No members of the Accountable Commission are members of the Pension Scheme.

The number of members of the Accountable Commission whose total of fees, salaries, superannuation and other benefits for the financial year, fall within the following bands are: $0 - $10,000 44 $10,000 - $20,000 11 $280,000 - $290,000 - 1 $320,000 - $330,000 1 - 66

The number of Senior Officers other than senior officers reported as members of the Accountable Commission, whose total of fees, salaries, superannuation and other benefits for the financial year, fall within the following bands are: $0 - $40,000 -- $40,000 - $50,000 -- $50,000 - $60,000 -- $60,000 - $70,000 -- $70,000 - $80,000 -1 $80,000 - $90,000 1- $90,000 - $100,000 -- $100,000 - $110,000 - - $110,000 - $120,000 - - $120,000 - $130,000 - 1 $130,000 - $140,000 - 1 $140,000 - $150,000 2 - 33

The 2003/04 totals have been adjusted to reflect the changes in the calculation.

102 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

25 Client Trust Funds Monies held in trust for persons who are or have been assisted persons are held in a centralised trust fund.

2004/05 2003/04 $$ Balance of Funds 1 July 2004 18,215 14,940 Receipts 296,535 684,042 314,750 698,982 Payments 273,577 680,767 Balance of funds 30 June 2005 41,172 18,215

In addition to the above, individual interest bearing trust accounts in the name of the Director of Legal Aid in trust for 'clients' are administered by the Legal Aid Commission. These accounts are used when substantial amounts are involved or the Court so directs. At 30 June 2005 there were no accounts maintained at BankWest compared to no such accounts at the conclusion of 2003/2004.

26 Indian Ocean Territories The Commission provides a full range of legal services to the residents of Christmas and Cocos Islands. The service is provided pursuant to the service delivery agreement with the Commonwealth government.

Opening Balance 2004 11,268 Receipt from Commonwealth 195,656 Client Contributions 1,630 Expenditure (187,405) Closing Balance 2005 21,149

103 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

27 Interest rate risk exposure The following table summarises interest rate risk to the Legal Aid Commission as at 30th June 2005.

Floating Fixed Interest Non-interest Ave. Interest Rate interest rate Maturing in bearing Six months 6 months to More than Total floating fixed or less one year one year $$$$ $$ Financial Assets Cash 11,437,211 11,437,211 5.45% Restricted Cash 1,518,917 1,518,917 5.45% Debtors 4,358,010 4,358,010

Financial Liabilities Creditors 7,556,942 7,556,942

The following table summarises interest rate risk to the Legal Aid Commission as at 30th June 2004.

Floating Fixed Interest Non-interest Ave. Interest Rate interest rate Maturing in bearing Six months 6 months to More than Total floating fixed or less one year one year $$$$ $$ Financial Assets Cash 10,074,547 10,074,547 5.10% Restricted Cash 1,513,435 1,513,435 5.44% Debtors 3,906,412 3,906,412

Financial Liabilities Creditors 7,539,834 7,539,834

Notes: Floating interest rates represent the most recent rate applicable to the instrument at balance date.

Fair Value The carrying amount of financial assets and financial liabilities recorded in the financial statements are not materially different from their net fair values, determined in accordance with the accounting policies disclosed in note 1 to the financial statements.

Credit Risk Secured creditors are secured by way of caveat or memorial over creditors’ properties. All other financial assets are unsecured. In respect of all financial assets, the carrying amount represents the Commission’s maximum exposure to credit risk in relation to these assets.

104 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

28 Events occurring after Balance Date There were no events occurring after balance date which related to any conditions existing at balance date or were material in relation to the financial statements.

29 Explanatory Statement

Comparisons of actual results with those of the preceding year 2004/2005 2003/2004 Details and reasons for significant variations between actual ACTUAL ACTUAL VARIATION revenue and expenditure and the corresponding item of the ($) ($) (%) preceding year are detailed below. Significant variations are considered to be those greater than 10% over the preceding year or abnormal in nature.

Expenses from Ordinary Activities Cost Of Disposal Of Non - Current Assets 207,820 353,586 -41% Decrease reflects significant disposal specific to 2003/04 of land and buildings held in South Hedland. Services and Contracts 3,540,474 2,999,060 18% Increase due to higher outlays in areas of accommodation, professional practice certificate fees, consulting, travel, information technology, and audit fees. Depreciation Expenses 535,318 409,922 31% Increase primarily due to additional IT related depreciation. Other Expenses From Ordinary Activities 3,443,834 1,574,818 119% Increase primarily due to additional expenditure of $1,769,963 on new State based CLC program.

Revenues From Ordinary Activities Commonwealth Grants and Contributions 13,686,176 12,257,878 12% Increase in line with new four year funding agreement effective from 1 July 2004. Legal Contribution Trust 901,049 131,977 583% Increase due to revised distribution arrangements by the Law Society of WA in respect of the Legal Contribution Trust. Proceeds From Disposal of Non - Current Assets 188,350 323,114 -42% Decrease reflects significant disposal specific to 2003/04 of land and buildings held in South Hedland. Interest Revenue 708,761 615,764 15% Increase in line with increases in interest rates over respective periods and higher value of funds on deposit.

105 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

2004/2005 2003/2004 ACTUAL ACTUAL VARIATION ($) ($) (%) Other Revenue From Ordinary Activities 543,317 408,670 33% Increase primarily due to recognition of $83,202 as revenue being superannuation liability assumed by the Treasurer (treated as equity injection in prior year). State Government Grant 18,142,479 16,264,780 12% Increase due to additional expenditure in 2004/05 related to clearing of backlog in District Court ($450,000), funding for establishment of two new regional offices ($764,000), and funding provided in support of new State based CLC program ($1,936,017), offset by funding provided in 2003/04 of $478,415 on the Police Royal Commission not being repeated.

Comparisons of Estimate and Actual Results 2004/2005 2004/2005 Section 42 of the Financial Administration and Audit Act requires ACTUAL ESTIMATE VARIATION statutory authorities to prepare annual budget estimates. Treasurer’s ($) ($) (%) Instruction 945 requires an explanation of significant variations between these estimates and actual results. Significant variations are considered to be those greater than 10% of budget.

Expenses from Ordinary Activities Legal Service Expenses 10,992,114 9,735,038 13% Expenditure for 2004/05 includes $450,000 provided by Government after the State budget was handed down related to clearing backlog of cases in the District Court, and $767,524 on expensive cases (greater than $20,000) which do not get provided for in the budget. Cost Of Disposal Of Non - Current Assets 207,820 0 >10% Cost of disposal of non current assets and proceeds from disposal of non current assets are items which are not budgeted for. Other Expenses From Ordinary Activities 3,443,834 1,550,022 122% Increase primarily due to expenditure of $1,885,963 in 2004/05 on new State based CLC program, the details of which were undetermined when the budget was formulated.

106 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

2004/2005 2003/2004 ACTUAL ACTUAL VARIATION ($) ($) (%) Revenue From Ordinary Activities Legal Contribution Trust 901,049 125,000 621% Increase due to revised distribution arrangements by the Law Society of WA. Proceeds From Disposal of Non - Current Assets 188,350 0 >10% Cost of disposal of non current assets and proceeds from disposal of non current assets are items which are not budgeted for. Interest 708,761 612,584 16% Increase in line with increases in interest rates over respective periods and higher value of funds on deposit than anticipated. Other Revenue From Ordinary Activities 543,317 410,458 32% Unbudgeted revenue primarily related to immigration tender.

Revenues from Government State Appropriation 18,142,479 14,206,300 28% Increase over budget due to several unbudgeted items being provision for clearing of backlog in the District Court ($450,000), funding in support of new State based CLC program ($1,936,017), funding for establishment of two new regional offices ($764,000), and funding for expensive cases ($961,578) which is not provided as part of the budget process.

107 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

30 Commonwealth Expenditure Legal Aid WA maintains systems to distinguish the cost of delivering Commonwealth and State services.The Commonwealth “Legal Aid Monies” (as defined in the Commonwealth Funding Agreement for the period 2004/05 to 31 December 2008) were expended for the purpose of the provision of legal aid services in accordance with the Agreement and attributed in accordance with the the Commonwealth Attribution Statement contained in the Agreement, as set out below:

$’ 000’s Carry Forward Surplus/(Deficit) (201) Income Services Payment 13,367 Interest 200 Costs Recovered 47 Contributions 434 Expensive Cases Revenue 73 Other 52 TOTAL INCOME 14,173

Expenditure Information Services 677 Community Legal Education and Publication Services 451 Legal Advice Services 1,172 Minor Assistance Services 555 Child Support Services (non - litigation) 970 Duty Lawyer Services: - Family Law 150 - Criminal Law 79 - Civil Law - PDR Services (Grants) 784 Litigation Services (Grants): - Family Law 5,252 - Criminal Law (excluding expensive cases) 288 - Criminal Law (expensive cases) 79 - Civil - Veterans 26 - Civil - Migration 32 - Civil - Other 18 Assignment Services: - PDR 807 - Litigation 1,130 Strategic Services 782 Other 528 Total Expenditure 13,780 2003/04 SURPLUS/(DEFICIT) 393 108 Closing Surplus/(Deficit) 192

NB - Reconciliation excludes transactions related to Community Legal Centres - which are separately identified at Note 33 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

31 State Expensive Cases Arrangements exists with the State Government for additional funding to be provided to ensure expensive criminal trials involving serious charges are not delayed through lack of legal representation. Expensive cases are categorised as matters where the cost of legal representation are expected to exceed $20,000. The reconciliation of the expensive cases fund for 2004/05 is as follows:

Opening Balance 01/07/2004 (248,462) Adjustment relating to prior years Supplementary Funding 2004/05 1,054,000 Expenditure 2004/05 (725,237) Available Funds 30/06/2005 80,301

32 Special Category Funding During the course of the year the Commission realised expenditure related to legal representation costs in support of two Commissions’ of Inquiry: (i) Finance Brokers Legal Fund. In July 2001 the Legal Aid Commission commenced maintaining special funding provided by the State Government for investigators legal actions to recover losses from defaulting finance brokers and borrowers, and those who provided professional services to those persons. Financial activity was as follows:

Budget Funding (in 2001/02) 1,125,000 Expenditure 2001/02 (336,273) Expenditure 2002/03 (291,045) Expenditure 2003/04 (211,787) Expenditure 2004/05 (115,705) Funds remaining 30 June 2005 170,190

(ii) DCD Legal Fund. In January 2005 the Legal Aid Commission commenced maintaining special funding provided by the Department for Community Development (DCD) for private lawyers to investigate and provide advice as to claims that children may have been abused whilst in care of DCD.

Funding in 2004/05 154,000 Expenditure 2004/05 129,227 Funds remaining 30 June 2005 24,773

109 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

33 Community Legal Centres During 2003/04, State Cabinet endorsed key recommendations into Community Legal Centres (CLC’s) including the establishment of a State funding program for CLC’s. Legal Aid WA includes transactions related to the State funding program in its financial statements as it has effective decision making over the allocation of the funds. The Commission does not control the allocation of funding received from the Commonwealth Government for Community Legal Centres in Western Australia and consequently does not include these funds in its financial statements.Financial transactions related to the State and Commonwealth funding for Community Legal Centres are as follows:

State Commonwealth Opening Cash Balance 01/07/2004 915,000 2,967 Receipts 1,674,500 3,205,465 Payments (1,936,017) (3,097,817) Closing Cash Balance 30/06/2005 653,483 110,615

34 Impact of Adopting Australian Equivalents to IFRS The Legal Aid Commission is adopting international accounting standards in compliance with AASB 1 First-time Adoption Equivalents to International Financial Reporting Standards (IFRS). AASB 1 requires an opening balance sheet as at 1 July 2004 and the restatement of the financial statements for the reporting period to 30 June 2005 on the IFRS basis. These financial statements will be presented as comparatives in the first annual financial report prepared on an IFRS basis for the period ending 30 June 2006. AASB 1047 Disclosing the Impacts of Adopting Australian Equivalents to International Financial Reporting Standards requires financial reports for periods ending on or after 30 June 2004 to disclose: 1. How the transition to AIFRS is being managed The Legal Aid Commission established a project team, monitored by a steering committee that has: • identified the key differences in accounting policies, disclosures and presentation and the consequential impacts and risks to the agency; • implemented the changes required to financial management information systems and processes; • identified and provided the necessary staff and training requirements; and • implemented a plan to convert accounting policies, financial management information systems and processes so that the Legal Aid Commission can account and report on the IFRS basis from 1 July 2005. The project is on schedule and documentation of IFRS financial management systems and processes is progressing concurrently with the preparation of AIFRS financial statements for 30 June 2005 in accordance with AASB 1 for comparative reporting purposes on 30 June 2006.

110 LEGAL AID COMMISSION OF WESTERN AUSTRALIA Notes to and forming part of the Financial Statements for the year ended 30 June 2005

2. The impact of adopting AIFRS including the key differences in accounting policies The amendments/impacts disclosed are managements best estimates at the time of preparing the 2005 Financial Statements and that the amounts/impacts may change in circumstances where the accounting standards and/or interpretations applicable to the first AIFRS Financial Statements are amended or revised. Reconciliation of total equity as presented under previous AGAAP to that under AIFRS:

30 June 2005 1 July 2004 $000 $000 Total equity under previous AGAAP 8,513 6,951 Adjustments to accumulated surplus/(deficiency): Derecognition of computer software as Property, Plant Equipment and Vehicles (i) (125) (139) Recognition of computer software as Intangibles (i) 125 139 Derecognition of workers compensation on-costs as Employee Entitlement Liabilities (Current) (ii) (7) (6) Recognition of workers compensation on-costs as Other Provisions (Current) (ii) 7 6 Derecognition of workers compensation on-costs as Employee Entitlement Liabilities (Non-Current) (8) (8) Recognition of workers compensation on-costs as Other Provisions (Non-Current) (ii) 8 8 Total equity under AIFRS 8,513 6,951

(i) AASB 138 requires computer software that is not an integral part of a tangible asset to be classified as an intangible asset. Computer Software has been re-classified as an intangible asset with a finite life. The Commission does not carry any other acquired intangible assets with indefinite useful lives nor does it carry any internally generated intangible assets. (ii) AASB 119 requires for workers compensation costs that are a consequence of employing employees, but which are not employee benefits, to be separately disclosed as liabilities and expenses when the employment to which they relate has occurred. Reconciliation of surplus/(deficit) for the period as presented under previous AGAAP to that under AIFRS:

30 June 2005 $000 Surplus/(deficit) for the period under previous AGAAP 2,776 Derecognition of workers compensation on-costs as Annual Leave Provision expenses (iii) (4) Derecognition of workers compensation on-costs as Long Service Leave Provision expenses (iii) (11) Recognition of workers compensation on-costs as Other Employment On-cost expenses (iv) 15 Surplus/(deficit) for the period under AIFRS 2,776

(iii) Derecognition of workers compensation on-costs as an employee benefit expense. (iv) Separate recognition of workers compensation on-costs incurred as a consequence of employing employees, but which are not employee benefits. (v) Accounting Standard AASB 136 Impairment of Assets requires an annual impairment test to be performed. The Legal Aid Commission is designated as a not-for-profit entity and the recoverable amount test was applied at the higher of fair value less selling costs and depreciated replacement cost. A review has indicated that there was no indication of impairment. 111 LEGAL AID OFFICES

Telephone Information Line: General Inquiries – 1300 650 579

Child Support Legal Unit: Carer and Liable Parents – 9261 6253 Country Callers (Toll-Free) – 1800 199 363

Domestic Violence Legal Unit 9261 6254 or 9261 6320

TTY (for the hearing impaired): 1800 241 216

www.legalaid.wa.gov.au

Perth Office 55 St Georges Terrace, Perth WA 6000 Telephone: (08) 9261 6222 Facsimile: (08) 9325 5430

Goldfields Regional Office Suite 3, 120 Egan Street, Kalgoorlie WA 6430 Telephone: (08) 9091 3255 Facsimile: (08) 9091 2077

Southwest and Great Southern Regional Office Koombana Court, 141 Victoria Street, Bunbury WA 6230 Telephone: (08) 9721 2277 Facsimile: (08) 9721 2060

Fremantle Regional Office Shop 7, Queensgate Centre, William Street, Fremantle WA 6160 Telephone: (08) 9335 7108 Facsimile: (08) 9335 1338

Midland Regional Office DOLA Building, Cnr Midland Square and The Avenue, Midland WA 6056 Telephone: (08) 9274 3327 Facsimile: (08) 9274 3595

Kimberley Regional Office 40 Dampier Terrace, Broome WA 6725 Telephone: (08) 9192 1888 Facsimile: (08) 9192 1520

Pilbara Regional Office 28 Throssell Road, South Hedland WA 6722 Telephone: (08) 9172 3733 Facsimile: (08) 9172 2061

Christmas/Cocos Islands Office Administration Building, Gaze Road, Christmas Island, Indian Ocean WA 6798 Telephone: (08) 9164 7529 Facsimile: (08) 9164 7162

Great Southern Regional Office 112 104 Aberdeen Street Albany WA 6332 Telephone: (08) 9892 9700 Facsimile: (08) 9892 9777

Midwest and Gascoyne Regional Office Unit 7 The Boardwalk, 273 Foreshore Drive, Geraldton WA 6530 Telephone: (08) 9921 0200 Facsimile: (08) 9921 0255